[Download] "City of Chicago v. Sachs" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: City of Chicago v. Sachs
- Author : Supreme Court of Illinois
- Release Date : January 18, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The city of Chicago brought a quasi-criminal proceeding in the municipal court of Chicago against Rogers Park Playschool, Inc., charging that it violated the Municipal Code in operating a prekindergarten play school in an area zoned as an apartment-house district. The court found defendant guilty, and imposed a fine of $100. Defendant appeals directly to this court, the trial court having certified that the validity of an ordinance is involved. Defendant's school accepts children between three and five years of age, and has an enrollment of approximately thirty. Five instructors are employed, and the children are taught and guided in the use of materials, and in music, art and group activities. The school is located in an area designated as an apartment-house district. Under the terms of the ordinance, uses permissible in such districts include grade or high school, apartment house, boarding or lodging house, hotel, hospital, home for dependents or nursing home, boarding school, vocational school, college or university, club, fraternity or sorority house, and a number of other specified uses. A prekindergarten or nursery school is not explicitly mentioned in the ordinance, however, and plaintiff contends that since it is not the kind of school expressly permitted under the ordinance the judgment of the municipal court must be affirmed. Defendant insists, first, that as the ordinance allows grade schools it should be construed to permit, by implication, nursery schools as well. It is secondly urged that if the use of the premises for such purpose is not permissible under the zoning ordinance the latter is unreasonable, arbitrary and void.