Schiffer v. Village of Wilmette

4 Citing cases

  1. LaGrange State Bk. v. County of Cook

    53 Ill. App. 3d 79 (Ill. App. Ct. 1977)   Cited 6 times

    They include such factors as the character of the neighborhood and existing uses and zoning of nearby property; the depreciation of surrounding property values likely to result from the proposed use; the value of the proposed use to plaintiff (hardship) as compared to the gain to the public if the property remains restricted, that is, the basis of the restriction in public health, safety, and welfare, which includes consideration of the care with which the community has undertaken in planning its development. ( Pioneer Trust Sav. Bk. v. McHenry Cty (1968), 41 Ill.2d 77, 85; Hartung v. Village of Skokie (1961), 22 Ill.2d 485, 493-495; Schiffer v. Village of Wilmette (1969), 105 Ill. App.2d 80.) The person attacking the ordinance has the burden of demonstrating its invalidity and must prove by clear and convincing evidence that the zoning ordinance is, as to him, arbitrary and unreasonable and without substantial relation to public health, safety, morals or welfare.

  2. Kraegel v. Village of Wood Dale

    294 N.E.2d 64 (Ill. App. Ct. 1973)   Cited 12 times

    They include such factors as the character of the neighborhood and existing uses and zoning of nearby property; the depreciation of surrounding property values likely to result from the proposed use; the value of the proposed use to plaintiff (hardship) as compared to the gain to the public if the property remains restricted, that is, the basis of the restriction in public health, safety, and welfare, which includes consideration of the care with which the community has undertaken in planning its development. ( Pioneer Trust Sav. Bk. v. McHenry Cty (1968), 41 Ill.2d 77, 85; Hartung v. Village of Skokie (1961), 22 Ill.2d 485, 493-495; Schiffer v. Village of Wilmette (1969), 105 Ill. App.2d 80.) The person attacking the ordinance has the burden of demonstrating its invalidity and must prove by clear and convincing evidence that the zoning ordinance is, as to him, arbitrary and unreasonable and without substantial relation to public health, safety, morals or welfare. Schultz v. Village of Lisle (1972), 53 Ill.2d 39, 42, 289 N.E.2d 614, 616; Hartung v. Village of Skokie (1961), 22 Ill.2d 485. The application of the traditional tests in large part is comparative. For example, hardship on the plaintiff depends upon what uses the plaintiff's property is limited if his proposed use is denied.

  3. Perko v. City of Palos Heights

    274 N.E.2d 652 (Ill. App. Ct. 1971)   Cited 2 times

    These have been often stated. See Pioneer Trust Savings Bank v. McHenry County, supra, at page 85; Hedrich v. Kane County, 117 Ill. App.2d 169, 174, 253 N.E.2d 566 (1966); Whittingham v. Village of Downers Grove, 101 Ill. App.2d 166, 172, 173, 242 N.E.2d 460 (1968); Schiffer v. Village of Wilmette, 105 Ill. App.2d 80, 245 N.E.2d 143 (1969)."

  4. Elmhurst-Chicago Stone Co. v. County of Kane

    262 N.E.2d 612 (Ill. App. Ct. 1970)   Cited 7 times
    In Elmhurst-Chicago Stone Co. we were considering the refusal of the Kane County authorities to issue a special permit for the use of plaintiff's property for gravel mining.

    These have been often stated. See Pioneer Trust Savings Bank v. McHenry County, supra, at page 85; Hedrich v. Kane County, 117 Ill. App.2d 169, 174, 253 N.E.2d 566 (1969); Whittingham v. Village of Downers Grove, 101 Ill. App.2d 166, 172, 173, 242 N.E.2d 460 (1968); Schiffer v. Village of Wilmette, 105 Ill. App.2d 80, 245 N.E.2d 143 (1969). The evidence as to the character of the surrounding neighborhood included testimony on behalf of the plaintiff that there were at least five gravel pits in the vicinity of the subject property.