Court erred in granting summary judgment for Plaintiff on his claim under Illinois Municipal Code, permanently enjoining Defendants from storing or servicing their business-related vehicles and equipment and from otherwise engaging in business-related activity on their property. Before annexation the Village knew that property was not used for residential purposes and that it would not conform to the R-1-A zoning regulations. Village intended to annex the property 'as-is", as a prior legal nonconforming use, and did not intend to require Defendant owners to restrict, change, or discontinue commercial use of their property.Village had a long-standing practice to annex all nonconforming properties "as-is." Defendants' use of property is not in violation of Village's ordinances. (MIKVA and HARRIS, concurring.)
Illinois Appellate Court
Civil Court
Municipal Law