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eBook details

• Title: Hickory Hills v. Bridgeview
• Author : Supreme Court of Illinois
• Release Date : January 20, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Plaintiff, the city of Hickory Hills, a municipal corporation, appealed from the judgment of the circuit court of Cook County entered upon allowance of the motion of defendant, the village of Bridgeview, a municipal corporation, to strike plaintiff's complaint and dismiss it as a party plaintiff. The appellate court affirmed (39 Ill. App.3d 902), and we granted plaintiff's petition for leave to appeal. In the amended complaint in which a number of individuals are also named as plaintiffs, it was alleged that certain described real estate was situated within the corporate boundaries of the defendant village but separated therefrom by the Illinois Tri-State Tollway so that Bridgeview's water and sewer services are inaccessible to the said described property and the said described real property receives water and sewer services from the City of Hickory Hills, one of the plaintiffs herein; that the defendant village had adopted two ordinances, one of which rezoned a portion of the real estate from I-1 (limited industrial district) to R-2 (single-family residence district), while the other approved use of a portion of the real estate as a planned unit development; that a prior order of the circuit court required plaintiff to supply sewer and water services to the individual residences along 77th Avenue and that the water supply, sewer, and street systems of the plaintiff city are inadequate to serve the proposed high-density development; that the proposed development would create a serious hazard to all of the plaintiffs herein and their property and would destroy the economic value and be detrimental to and would endanger the public health, safety, morals, comfort and general welfare of the area; that the plaintiffs have suffered special damages, different from that suffered by the general public; that all of the plaintiffs had filed written objections to the proposed planned unit development, but the development was approved and the ordinance adopted; that unless the defendants are enjoined from so doing, they will continue to develop the property and plaintiffs will suffer great and irreparable damage for which they have no adequate remedy at law. The relief prayed was that the ordinance which approved the planned unit development be declared invalid and the proposed planned unit development be temporarily enjoined and, upon final hearing, permanently enjoined.

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