(DOWNLOAD) "Galt v. County of Cook" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Galt v. County of Cook
- Author : Supreme Court of Illinois
- Release Date : January 22, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is an appeal by the plaintiffs, Arthur T. Galt and Ida Cook Galt, his wife, from a decree of the superior court of Cook County sustaining the validity of the Cook County zoning ordinance to the extent it classifies part of a certain tract of land owned by plaintiffs in a residential district. The defendant, the county of Cook, prosecutes a cross appeal from the remaining part of the decree invalidating and enjoining the enforcement of a special building-line restriction in its application to all of the same tract of land. The trial judge has certified that the validity of a municipal ordinance is involved and that the public interest requires an appeal to this court. The property in question is approximately one-half mile long and 275 feet deep and adjoins the south side of North Avenue between First Avenue and Ninth Avenue in the unincorporated area of the county. It is intersected by only one public road, Fifth Avenue. By the Cook County zoning ordinance adopted August 20, 1940, except for both corners at Fifth Avenue, which are zoned in a B-2 (business-tavern and amusement) district, all of plaintiffs' land between First and Fifth avenues is zoned in an I-1 (industry-light) district, and the land from Fifth Avenue west to Ninth Avenue is zoned in an R-4 (residential-10,000 square feet) district. Only single-family residences on building lots at least 10,000 square feet in area and having a minimum average width of 65 feet are permitted in an R-4 district. North Avenue, in the vicinity of plaintiffs' property, is a heavily traveled four-lane State-bond-issue and section line road having a right of way 66 feet wide. Instead of a setback of 80 feet from the center line of the highway, of general application to lands adjoining Federal-aid, State-aid, State-bond-issue and section line roads, plaintiffs' land is burdened with a special building line 130 feet from the established center line of North Avenue. Plaintiffs have challenged both the residential classification of part of their land and the special building line applicable to all their property as being arbitrary, unreasonable and confiscatory, and, hence, unconstitutional and void. The defendant county denied that the restrictions attacked are unreasonable in their application to plaintiffs' property.