Opinion

Edwards v. Zoning Board of Appeals

  • 95 Ill. App. 3d 455
  • 50 Ill. Dec. 911
  • 420 N.E.2d 228
  • 1981 Ill. App. LEXIS 2473
Court
Appellate Court of Illinois
Filed
Apr 24, 1981
Status
Published
Author
Trapp
On the bench
Craven, Green, Trapp
Cited by
1 cases

The opinion

Mr. PRESIDING JUSTICE TRAPP, dissenting:

The majority opinion reverses the trial court upon a determination that there was a more intense use arising from a transition of use as a beauty parlor to use as a restaurant and tavern. Upon oral argument, counsel advised that before the Board of Appeals the measure of use was that of the premises as a bakery. The latter use, whether retail or wholesale, would appear to be of the same use intensity as that of a restaurant.

The majority opinion finds it unnecessary to consider the issue of structural alterations. The special concurrence concludes that there was a structural alteration. Alteration of doors and windows is expressly excepted from that portion of the ordinance. The evidence shows no enlargement of area or change of walls or roof. I would affirm the finding of the trial court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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