FOERTSCH v. FOX, 338 Ill. App. 208 (1949)

86 N.E.2d 900

Gen. No. 44,826. (Abstract of Decision.)Appellate Court of Illinois, First District.
Opinion filed June 29, 1949 Released for publication July 18, 1949

BUILDINGS AND BUILDING RESTRICTIONS, § 44.6[*] — appeal board’s erroneous dismissal of appeal. Where property owner had made application to board of zoning appeals for a variation authorizing use of premises for a machine shop, and application was denied but it was recognized in variation proceedings that such use was a violation of zoning laws, in exception thereto being sought, and owner subsequently applied to building commissioner for license to operate shop and, upon appeal to board from commissioner’s refusal of application, took position that machine shop use was not in violation of zoning laws, board should not have dismissed appeal on ground of “former adjudication” denying application for variation but should have determined appeal de novo, since issue in application for variation was not same as issue on appeal (Ill. Rev. Stat. 1947, ch. 24, pars. 73-1, 73-6, 73-10; Jones Ill. Stats. Ann. 21.2122, 21.2127, 21.2131).

Appeal from the Superior Court of Cook County; the Hon. JOSEPH A. GRABER, Judge, presiding.

Decree reversed and cause remanded with directions.

Heard in the third division, first district, this court at the April term, 1949;

Page 209

Richard C. Lindberg, for appellant;

Lloyd C. Whitman, of counsel;

Benjamin S. Adamowski, Corporation Counsel, for appellees;

L. Louis Karton, Head of Appeals and Review Division, Maurice J. Nathanson, Herman Smith and Arthur Magid, Assistant Corporation Counsel, of counsel.

Opinion by JUSTICE KILEY.

Not to be published in full. Opinion filed June 29, 1949; released for publication July 18, 1949.