ABSTRACT
Action growing out of city's refusal to grant plaintiffs permission to build apartments in attic of building located in central business district. The Circuit Court, Lake County, William M. Carroll, J., declared zoning provisions invalid as they applied to the property and ordered the issuance of a building permit. The city appealed. The Supreme Court, Schaefer, J., held that the evidence was insufficient to show that application of zoning ordinance limiting height of buildings to three stories or 45 feet, and limiting the intensity of use to 1,500 square feet of lot area per family to property was arbitrary or capricious.
