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~6 ... ... February 19, 1926 WILMETTE m unregulated municipa l development." Apartment Plan Loses The Supreme Court pointed out further that, "even ~ if appellants' property could be used more profitably for business than for residential purpose, that fact would be inconsequential in the broad aspects of the case. Every exf'rci~e of the police power r<>lating- to the u~e of land i~ likely to aff<>ct adv<'r~ely the property right~ of ~orne individual. UncomPI·n~at<'d ohedience to propE'r police ulation~ ha~ oft<>n bN' n required." .:\noth0r important dPci~ion. renderec!· at thP ~am0 .tim(·, involved the zoningordinanN· of the City of Evan~ton, which wa~ ~u~tain<'d by the Ruperior Court of C"ool< County in a ca~e brought b.\' Rarah Y. nrown Df'ynz<'r in June. 1 !l23, re~ulting- from th<> rf>fu~al of thP C"it,· of Evan~ton to am end the zoning.ordinanc' 1o permit thf' construction of an apartmPnt building- on propprt:: locate>d on ShNidan road. north of :\filhurn RtrN·t and ju~t south of th(· E,._ an~ton light-house. H earings Give A ll Voice Th (' ON' J' ('(' of the Rupf·rior C"ourt of C"nok County wal'l ~u!-:tainc· d h~· thP Supn·m·· Court on tht· g-rounrl that "Th(· zoning- ordinance wa~ th e rel'lult of Rtuo~' and inV('~tig-ation (luringman)' month~. Exp<'rt a~sistanc0 wa~ r-mplo~·<'d in formulating- it. Public hf·aring·s wc·r<' h<> ld upon the ordinancP, nt ·whif·h intt· rf>~t(·<l partif's were heard. Th<' whol<' cit:-· wa~ includ<'d within it~ prn\"i~ion~. ".~" cannot upon thi~ r<'<'n ro !'>a.\-· that th<' ordinance i~ an unn·asonahl<> <'X<'rCil"e of power, without rational r<'lations to the public health. moral~. saf0t.\-' nr g-en<>ral welfar<'." Tt i~ con!':id<'r<'d by Yillag-e omcia~~ LIFE 37 (' (' n y g d SUPREME COURT HOLDS ZONING LAW IS LEGAL Opinions Rendered in Aurora and Evanston Cases Strengthens Local Regulation .J Poet's .Family Soon to Lose Itself in Wisconsin l~'orests ~- ,. L' 11 ', Editor·~ X<1t~·: \Viltnl ·ttp"s Zoning law has h('t>l1 g-i\·(·n add(·(l stn·ng-th bv 1 1 · t~son of opiniqns r· ·<·<·n tl.\· han1le~l clown lJ,\· th< · Tllinnis Sunr··mP Court. Th<· n<·<·ompan,· in~· )'(·port on thP <le<'isi<ll1 of tlw hig-h tribunal will IJ ' of int(·n·st to (·\"f·ry honH· <·WJH·r in the y j !l;q.!,' t.·. Illinoi~ . - I .. ( t · ., The Supreme Court oi the State of has rccentlv handed down two opinion~ ·which are. of the greatest importance in sustaining thr legality of zoning- }("'l~i~lation in the state. The first case wa s that brought against the Cit,· (1f Aurora, Illinois, hv the Piggly \ Yiggly stores. who proposed to erect a grocery store in a portion of the citY zoned a s "B" residential district, from which grocery stores \\·e re excluded. The ca . e was originally decided in favor of the city 1l\· the Citv Court (1f Aurora. the del·~ ... ion poi1;ted out that the ordinance \\"as not unrca~onahle or di~criminatorv and that it \\· a~ uniform in its opcra-t ion and a · lawful exerci . . e of the police power oi the citv. The . tore that thP!'~ t,,. o dflci~ion~ hay·p a mn~t important bParin !:!' on th<' lPg-alit,· of proprietors \H·re enjnin~<l from con- th(· zoning- or<'linanc(· of th<' Yillac·p <.tructing or using the building in viola- of ".ilm(·tt0. and that it~ provi!':ion!': tion of the ordinance. The case was ar<> g-n·atl~· ~trPng-th(·n<'d thc· reb~· . appcall'd directly t( , the Supreme Court of Tllii~Oi~ in :\pril 1923,. 0~1 the Schedule Many Games gruund tl1at 1t Jnvoh·ed the vah(hty of · · the "late ZCIIling Ia\\· and (Ji a ln.uniIn Basketball League cipal ordinance. 1 Games . cheduled for the evening Limit a t ions J ust ified ha"kethall league next week are a~ The <kri~ion c1f the ~upreme l ourt foiiO\YS: TuesdaY. Fel>ruan· 23. Alumni ju<.t rendered su~tain~ the action of the YS. \\"c . t F.nd.,·: Thursch~v. Fehruarv City Court oi .-\urora. pointing out 23. Terminals vs. St. Tohn Second s-: that. "the con . . tantly increa~ing den~- FridaY. February 26. \Ye . t Ends vs. ity uf (ltlr urban population~. the mul- St. John Firsts. Barebacks vs. St. John tiplying forms nf indu~try and the Sc·conds. In l~st \Yeek's games the growing· c ctmpkxity oi our ci,·iliz::!- Bar<' hark ::; defeated the Terminal s . ti<ll1 make it necl·:--.,arv for the State. 2(,-24, in a hard fought game. the St. t·i thcr directly or thrn~tgh ~omc publi~ Tohn Second~ heat the \\·e . t Ftl(ls ll\· agency by its ~anctic n. to limit in- ~ score of 16 to 4 and the St . Toh;1 di,·irlual activitie:- 10 a greater extent Firsts \\·o n from the Alumni 1n- a score oi 2-0. The stanclin,g of the ·teams to than formerly. \\"ith tht growth and de\'clopm<·nt oi the ~tate the police ~~~~~n:re as follo\YS :\\.em I.H)IIt Pt·t. (l 1. 00(1 pc1\\Tr necessarily devcl<q)S, within st. .John ·:-: Fir~ts .... :{ ],(1(111 II rea~onahle hound~. to meet the chang- · Pt · t·:-:11,..-tt · riall~ ....... :; f) I,'; ing condition~. The power is not cir- l '.:art·ha<'lo.: · · · · · · · · · · ~ f,fij ·1 1 1 I · . I Rt. John . H"ln<l~ .... _ 333 cum sen H'( >y· prece<. cnt ~ a nsmg oul T<'rm i nall'l ........... 1 ~ 000 oi pa:--t rondit ion . : ht~t is ela tic ano 1 "~{'st _Ends ... , ..... 0 000 capable of expan:--wn tn order to keep AJUmn1 . .. . . . . . . . . ... 0 pace " ·it h human progres~. l. :--<'S of .... pri,·ate property detrimental to the community's \velfare may he regulated or even prohibited. ~o general zoning plan. ho\Ycver·. can he inaugurated \Yithout incurring complaints of hard~hip in particular instances. But the individual whose use of his property may he restricted is not the only per:--on to he considered. The great majority, whose enjoyment of their property rights requires the imposition of restrictions upon the use to which private proprety may he put, must also he taken into consideration. The exclusion of places of business from resPhone Wilmette 2764 identia I districts is not a declaration that such places are nuisances, o r that 1030 Greenleaf AYe. they are to he suppressed " such , but it is -a -part of the genera l plan by wh ich the city's ter r itory is a llotted to WILMETTE d ifferent uses in ord e r t o prevent, o r at least red u ce, the co nges t ion, disorder an d dan gers which ofte n inhe r e despise. I shall write something for my publishers up there and may run away for a week or so at a time and do some lecturing, but I desire to keep away from the city as much as possiLew Sarett, the Northwestern uni- ble. I am averse to crowds of all sorts. versity professor who has determined "An arrangement has just been comto give up city life, its luxurious bath- pleted with Northwestern university tub . and warm radiators, for a rough whereby the entire year will be my existence in the country, has obtained own. It is a sort of sabbatical leave a full year of absence next vear. He and will run for a full twelve months. ha selected far northern Wisconsin My plan is now to teach my regular as his habitat but just exactly where course at Northwestern university he is to keep himself, although he has School of Speech during the coming had ~nany offer· and ~uggestions from semester, but after June 1926, I shall friendly real estate men, he does not hurr~· a\yay and, believe me, we can divulge. harc1ly .. reach that day and date too "I shall leave civilization in June, soon. I have had hurtdreds of letters 1926," he said. "I do not know the from friends and others who know of exact location of my camp in the my plans and many of them commend \Yoods, but we-nwself and familv- my course, but others are somewhat rather favor Northern \Visconsin. Our dubious. After I return I shall gladly home will be far awav in the ·w oods tell the \VOrld just what I think of a a\Yav from the crowds and the nois~ year of seclusion in the Northern ami the confusion of city life which I wild-;." ~""""'""""""""""'"'"""'"""""""'" . ,,,,,,, . . . ,. . .,.,. ,"'. . ,. "',. . . . . . ,,. . ,,,,. ,,,, . . ,. . . ,. ,. . . ,. . ,,,,,,.,,. ,,.,1 - - PRINT.ING _ I _ Does lend 1 ·) M. Portenhauser Painting Decorating Estimates given without obligation II II We do P r in t i n g That has Character I~ ! I ; ~ Lloyd Hollister Incorporated rour clothes washed nnaua f~ifyou Electrical Repairinc Radio Sets and Supplla Eveready .. B.. Batter1et Music Master Loud SDeaken Base Plup Installed Fine Line of Lisbtina Fixtures "-' VacuumElectrid . W . EA5 WASHER Adams Electric Shop Phone Wilmette 104\: - 521 Fourth Street ~llllllllllll'llllllltnllllftnluJnHniiJIIIIIIIIIIIIIIJIIIIIJIIJIIIJIIIIIIIIIIIIIIJIIIIIIIIJIIIIIIJIJIIJIIIJJIIIIIJIIIIIIIIIIIIIIIIIJIIIIIIIIIIIIIIIJIIIJII·illllllllllm·····ttlllltllllllllllllllllllll~ I ;