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Benson v. Industrial Com.

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eBook details

  • Title: Benson v. Industrial Com.
  • Author : Supreme Court of Illinois
  • Release Date : January 01, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 63 KB

Description

Defendant, village of Westmont, appeals from an order of the trial court that the villages zoning ordinance as applied to the plaintiffs property was unconstitutional and void, that plaintiffs could develop Page 830 the subject property as depicted on either of two plans, that the village was restrained from maintaining any court action to block such development, and that the village was required to issue all necessary permits for such development upon application and compliance with all ordinances and regulations other than the zoning ordinance. Among other grounds it raises on appeal, the village of Westmont contends that the plaintiffs did not sustain their burden of proving by clear and convincing evidence that the zoning classification as applied to the subject property was arbitrary, capricious, and bore no relationship to the public safety, morals and welfare, and further, that plaintiffs have also failed to prove by clear and convincing evidence that the proposed uses are reasonable.


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