Conaghan v. The City of Harvard

Plaintiffs, joint owners of house rented to separate tenants on 2 floors as a legal nonconforming use, filed petition to allow continued use of property as a multifamily residence. City Council denied petition, declaring that nonconforming use had been discontinued (as property remained vacant for more than a year, after property became uninhabitable due to water damage), and restricted use of building to single-family residence. Plaintiffs filed complaint against Zoning Commission, City Council, and City, under Section 11-13-25 of Municipal Code.  That Section of Municipal Code does not create a private right of action by a landowner against a municipality to challenge zoning decisions.(HUTCHINSON and BURKE, concurring.)