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February 20, 1926 WINNETKA TALK 33 . may be restricted is not the only per- SUPREME COURT HOLDS ZONING LAW IS LEGAL 'Opinions Rendered in Aurora and Evanston Cases Strengthens Local Regulation Editor's Note: Winnetka's Zoning law has been given added strength by reason of opinions recently handed down by the Illinois Supreme Court. The accompanying report on the de- cision of the high tribunal will be of interest to every home owner in the village. The report was prepared by Village Manager H. IL. Woolhiser of Winnetka. The Supreme Court of the State of Illinois has recently handed down two opinions which are of the greatest im- portance in sustaining the legality of zoning legislation in the state. The first case was that brought against the City of Aurora, Illinois, by the Piggly Wiggly stores, who pro- posed to erect a grocery store in a portion of the city zoned as "B" res- idential district, from which grocery. stores were excluded. The case was originally decided in favor of the city by the City Court of Aurora, the de- cision pointed out that the ordinance was not unreasonable or discriminatory and that it was uniform in its opera- tion and a lawful exercise of the police power of the city. The store proprietors were enjoined from con- structing or using the building in viola- tion of the ordinance. The case was appealed directly to the Supreme Court of Illinois in April 1925, on the ground that it involved the validity of the state zoning law and of a muni- «<ipal ordinance. Limitations Justified The decision of the Supreme Court just rendered sustains the action of the City Court of Aurora, pointing out that, "the constantly increasing dens- ity of our urban populations, the mul- tiplying forms of industry and the growing complexity of our civiliza- tion make it necessary for the State, either directly or through some public agency by its sanction, to limit in- dividual activities to a greater extent than formerly. With the growth and development of the State the police power necessarily develops, within reasonable bounds, to meet the chang- ing conditions. The power is not cir- cumscribed by precedents arising out of past conditions, but is elastic an capable of expansion in order to keep pace with human progress. Uses of private property detrimental to the community's welfare may be regulated or even prohibited. No general zon- ing plan, however, can be inaugurated without incurring complaints of hard- ship in particular instances. But the individual whose use of his property son to be considered. The great majority, whose enjoyment of their property rights requires the imposition of restrictions upon the use to which private proprety may be put, must also be taken into consideration. The ex- clusion of places of business from res- idential districts is not a declaration that such places are nuisances, or that they are to be suppressed as such, but it is a part of the general plan by which the city's territory is allotted to different uses in order to prevent, or at least reduce, the congestion, dis- order and dangers which often inhere in unregulated municipal develop- ment." Apartment Plan Loses Supreme Court pointed out further that, "even if appellants' property could be used more profit- ably for business than for residential purpose, that fact would be incon- sequential in the broad aspects of the case. Every exercise of the police power relating to the use of land is likely to affect adversely the property rights of some individual. Uncom- pensated obedience to proper police ulations has often been required." Another important decision, rendered at the same time, involved the zoning ordinance of the City of Evanston, which was sustained by the Superior Court of Cook County in a case brought by Sarah V. Brown Deynzer in June, 1923, resulting from the refusal of the City of Evanston to amend the zoning e to permit the construction n ment building on property located on Sheridan road, north of Mil- burn street and just south of the Ev- anston light-house. Hearings Give All Voice The decree of the Superior Court of The Start Right Now and brings out that beauty which has been hidden behind a mask of shallow, lifeless skin; Facial sults. massage produces re- Hot Oil and Scalp Treatment restore the life and lustre of the hair. Take advantage of our special prices on Permanent Waving. Marinello Beauty Shop HANNA N. ANDERSON 733 Elm St. Phone 822 425 A Sheet Metal oe Phone Winn. 225 874 Slate and Tile Roofing Sheet Metal Work Slate Walks and Terraces Interior or Exterior WILLIAM L. WENTE Contractor Center St., Hubbard Woods Cook County was sustained by the Supreme Court on the ground that "The zoning ordinance was the result of study and investigation during many months. Expert assistance was employed in formulating it. Public hearings were held upon the ordinance, at which interested parties were heard, The whole city was included within its provisions. We cannot upon this record say that the ordinance is an un- reasonable exercise of power, without rational relations to the public health, morals, safety or general welfare." It is considered by Village officials that these two decisions have a most important bearing on the legality of the zoning ordinance of the Village of Winnetka, and that its provisions are greatly strengthened thereby. Mrs. M. H. Lieber, 468 Ridge avenue, a member of the state committee on education, for the Illinois League of Women Voters, will be the speaker for the citizenship committee of the Young Women's Christian association. Her subject will be "Why Should I Vote at the Primaries?" Mr. and Mrs. William V. Merriman, 140 Euclid avenue, Glencoe, opened their home Tuesday, February 16, at 8 o'clock, for a choir party and rehearsal of the Winnetka Congregational church adult choir. A delightful program and dainty refreshments were enjoyed by the guests. ---- Mr. and Mrs. Dwight Ingram of 1423 Asbury avenue, Hubbard Woods, an- nounce the birth of a son, Fielder Col- by, at the Lying-in hospital, Wednes- day, February 10. Prior to her mar- riage, Mrs. Ingram was Miss Dorothy Fielder. pe Mrs. M. W. Levernier of 415 Provi- dent avenue, who has been in Los An- geles for some time, is expected home about March 1. py z Daniel F. Stilling, Jr., 159 Bertling lane, is at St. Luke's hospital recovering from an operation on his knee. wasted, good PRINTING of CHARACTER Does your printed matter lend dignity to your busi- ness! It should, if it is to be of value to you. above all show thought and care by the printer. | Poor printing is money © great value to the user be- cause it signifies character. & We do Printing That has Character Lloyd Hollister Incorporated 564 Lincoln Avenue It should RT TT CL Lt printing is of -- ! I - oii ; iia " < a TEER H gE TE EE EE EC ET CC TC LLL Tt