[Download] "Lazarus v. Village of Northbrook" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: Lazarus v. Village of Northbrook
- Author : Supreme Court of Illinois
- Release Date : January 18, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The circuit court of Cook County held that the zoning ordinance of the Village of Northbrook, as applied to the plaintiffs' property, violated the constitutions of Illinois and of the United States, and the Village has appealed directly to this court. Although the case involves the validity of a municipal zoning ordinance as applied to a particular parcel of property, we have retained jurisdiction because a unique constitutional issue has been presented. Cf. First National Bank & Trust Co. v. City of Evanston, 30 Ill.2d 479. The plaintiffs' complaint was captioned ""Complaint at Law for Declaratory Judgment."" The Village filed a demand for a trial by jury, but its demand was stricken upon the plaintiffs' motion, and the case was tried before a judge. The Village contends that it has been deprived of its constitutional right of trial by jury. It bases that contention upon paragraph (4) of section 57.1 of the Civil Practice Act, which states: ""If a proceeding under this section involves the determination of issues of fact triable by a jury, they shall be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending."" Ill. Rev. Stat. 1963, chap. 110, par. 57.1.