(Download) "Cities Ser. Oil Co. v. City of Des Plaines" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Cities Ser. Oil Co. v. City of Des Plaines
- Author : Supreme Court of Illinois
- Release Date : January 20, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Cities Service Oil Company brought suit in the circuit court of Cook County against the city of Des Plaines and certain of its officers, to enjoin enforcement of an ordinance prohibiting the location of a gasoline station within 300 feet of any school, hospital, church or theater. From a decree granting relief the defendants appeal directly to this court, on the theory that validity of the ordinance is involved. A cross-appeal has been perfected from that portion of the decree ordering plaintiff to pay the costs and master's fees. Plaintiff's property is located in a commercial zone, wherein filling stations are permitted uses. Less than 300 feet away is the Free Will Baptist Church. The real estate in question, together with other parcels, was acquired by the plaintiff on September 3, 1957, after about a year's negotiations with the vendor. The preceding August 30, the vendor had received a building permit for construction of a gas station on the subject property. On October 16 transfer of the permit to the plaintiff was approved by the building commissioner, and construction was begun about February 19 or 20, 1958. According to the plot plan the underground tanks would be located 127 feet and the two pump islands 104 feet from the nearest boundary of the church property. About three weeks after construction was started, and after the footings, foundation work, installation of tanks, underground plumbing and rough grading of the property had been completed, the police appeared and stopped the work. By subsequent letter to the plaintiff dated March 19, 1958, the mayor revoked the permit, stating ordinance violation as the reason. The plaintiff by that time had paid the contractors $5,373.46 for work done; and the evidence showed that it would cost approximately $1,050 in addition to remove the improvements and restore the property to its former condition.
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