Opinion

Suburban Ready-Mix Corp. v. Village of Wheeling

  • 25 Ill. 2d 548
  • 185 N.E.2d 665
  • 1962 Ill. LEXIS 528
Court
Illinois Supreme Court
Filed
Sep 28, 1962
Status
Published
Author
Schaefer
On the bench
Klingbiel, Schaefer
Cited by
14 cases
Authority
More cited than 9.9%

The opinion

Mr. Justice Schaefer, concurring:

I am not prepared to rule, as the majority opinion may be read to imply, that every municipality in the State, regardless of its size, its established character, or the accessibility of available areas outside its borders, must make place within its boundaries for every conceivable industrial use of land not unlawful per se, and for an unlimited number of users in every permitted class. The contrary views that have been expressed seem persuasive to me. See Duffcon Concrete Products, Inc., v. Borough of Cresskill, 1 N.J. 509 , 64 A.2d 347 (1949); Valley View Village v. Proffet, 221 F.2d 412 (6th Cir. 1955); Town of Hobart v. Collier, 3 Wis.2d 182, 191 , 87 N.W.2d 868, 873 (1958) (dissenting opinion).

Since a landowner adjoining the plaintiff has been allowed to carrjr on the ready-mix concrete business and was given permission to expand his installations after the effective date of the amendment prohibiting the use, I concur in accepting the trial court’s finding that the ordinance, in the circumstances of this application, is arbitrary and void.

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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