222 E. Chestnut Street Corp. v. Bd. of Appeals City of Chicago
Cases that cite this one
14 later published cases cite this decision.
- 222 East Chestnut Street Corporation v. Lakefront Realty Corporation (7th Cir. 1958)
- 222 East Chestnut Street Corp. v. Lakefront Realty Corp. (7th Cir. 1958)
- 222 East Chestnut Street Corp. v. Board of Appeals (Ill. 1958)
- Bull v. American National Bank & Trust Co. (Ill. App. Ct. 1969)
- Lake County Contractors Ass'n v. Pollution Control Board (Ill. 1973)
- O'Hare International Bank v. Zoning Board of Appeals (Ill. App. Ct. 1972)
- La Salle National Bank, Not Personally but as Trustee, Under Trust No. 17365, and Aaron B. Weiner v. 222 East Chestnut Street Corporation (7th Cir. 1965)
- Castleman v. Civil Service Commission (Ill. App. Ct. 1965)
- Dyer v. Zoning Board of Appeals (Ill. App. Ct. 1989)
- Speck v. Zoning Board of Appeals (Ill. 1982)
- Williams v. Department of Labor (Ill. 1979)
- La Salle National Bank, Not Personally but as Trustee, Under Trust No. 17365 and Aaron B. Weiner v. 222 East Chestnut Street Corporation (7th Cir. 1959)
- 222 East Chestnut Street Corporation v. La Salle National Bank (7th Cir. 1958)
- 222 East Chestnut Street Corp. v. La Salle National Bank (7th Cir. 1958)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
delivered the opinion of the court:
This is an appeal from a judgment of the superior court of Cook County denying plaintiff’s prayer to set aside the grant of a building permit by the Chicago Zoning Board of Appeals.
The property involved consists of three lots on the south side of East Chestnut Street in Chicago, on which the defendant Lake Shore Club, through its affiliate the Lake Shore Realty Corp., proposes to build a three-and-four-story split-level garage, to provide parking facilities adjacent to its 18-story club building.
The plaintiff, 222 East Chestnut Street Corp., is the owner of a 19-story apartment building on the north side of East Chestnut Street, 293 feet obliquely across the street from the three lots in question. The plaintiff objects to the grant of the permit, alleging that the proposed structure would interfere with its light and air, congest traffic in the street, and reduce the value of its property.
Eight grounds for reversal are asserted, including constitutional objections which permit of a direct appeal to this court. However, there is one controlling point, the question of the plaintiff’s interest or standing to maintain the action.
In 222 East Chestnut Street Corp. v. Board of Appeals, post, p. 132, decided this day, the same allegations of injury are involved. We there hold that these allegations must be supported by evidence and are not made out by a mere showing that plaintiff’s building was 184.5 feet from the proposed building and in the same contiguous zoning district. In short, mere proximity without proof of actual damage is not sufficient.
Here, the plaintiff’s building is 293 feet distant, and there is neither evidence nor presumption to show an adverse effect on the plaintiff by the proposed structure in regard to light and air, traffic congestion, or real estate values. It is not a party “whose rights, privileges or duties were adversely affected by the decision” of the administrative agency, and it has no right to a review of the agency’s determination. Winston v. Zoning Board of Appeals, 407 Ill. 588.
Finally, the plaintiff is not aided by section 73 — 9 of the Revised Cities and Villages Act (Ill. Rev. Stat. 1955, chap. 24, par. 73 — 9,) providing that an action or proceeding to prevent a zoning violation may be instituted by the municipality or by an owner or tenant of real property in the same contiguous zoning district. See 222 East Chestnut Street Corp. v. Board of Appeals, post, this page.
For the reasons stated, the judgment below is affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.