(Download) "City of Chicago v. Exchange Nat. Bk." by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: City of Chicago v. Exchange Nat. Bk.
- Author : Supreme Court of Illinois
- Release Date : January 22, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Plaintiff, City of Chicago, filed this action in the circuit court of Cook County for the issuance of a mandatory injunction
directing the defendants to make alterations in an apartment building situated at 1714 West Touhy Avenue, which alterations
were allegedly necessary to place it in compliance with applicable zoning ordinances. Defendant Taporek was the builder and
former owner of the building and the other defendants are the present owners. Taporek did not appear or plead and the other
defendants answered and counterclaimed. The trial court found that Taporek, when erecting the building, had "departed from
the plan upon which the [building] permit was issued" and entered judgment in favor of the city and against Taporek in the
amount of $2500 "to reimburse the City of Chicago for all costs and damages incurred by reason of said departure from the
plans * * *." As to the other defendants, the circuit court dismissed the complaint and ordered that the plaintiff "be * *
* enjoined and estopped from interfering with the present owners maintaining the subject premises with 21 bedroom apartments
and 12 off-street parking spaces, provided that all other reasonable and valid ordinances of the city pertaining thereto are
observed." The plaintiff appealed and the appellate court reversed the decree (City of Chicago v. Exchange National Bank (Ill.
App. 1971), 273 N.E.2d 484) and remanded the cause with directions to enter a decree in accordance with the prayer of the
complaint. We allowed the present owners' petition for leave to appeal. The record shows that on December 9, 1960, the city issued a building permit to defendant Taporek for the construction of
a 3-story, brick, 12-bedroom apartment and 9-efficiency-unit building at 1714 West Touhy Avenue. On August 16, 1961, an occupancy
certificate was issued for 9 efficiency and 12 bedroom apartments.