Friday, October 7, 2011

Well, as long as the lawns are well-kept

An oasis apparently surrounded by inhospitable, ungenial, sullen, captious apartment dwellers:

The amendatory ordinance of 1942 made no change in the zoning of any of this territory, except only as to the half block [that] includes plaintiffs’ property, [which] was by the amendatory ordinance changed from an apartment use to that of a single-family residence use. … [The city’s] expert witness… testified that this area, except only the portion thereof affected by the amendatory ordinance, is ‘essentially an apartment area.’ It is also undisputed that this rezoned half block, considered as a block under the provisions of the rezoning ordinance, in which plaintiffs' property is located, is an exceptionally fine residential block, and that the homes thereon are luxurious and attractive residences, with spacious, beautiful, well-kept lawns. It is defendant's contention that the restrictions imposed upon this block by the amendatory zoning ordinance of 1942 are a valid exercise of the police power of the city in an attempt to preserve this block as an oasis of gracious family living in a locality of unique natural beauty.

Trust Co. of Chicago v. City of Chicago, 96 N.E.2d 499, 502 (Ill. 1951)

Adam MacLeod

http://lawprofessors.typepad.com/land_use/2011/10/well-as-long-as-the-lawns-are-well-kept.html

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