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Cederberg v. City of Rockford

8 Ill. App. 3d 984, 291 N.E.2d 249 (1972)

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Cederberg v. City of Rockford

Illinois Appellate Court
8 Ill. App. 3d 984, 291 N.E.2d 249 (1972)

RW

Facts

A landowner in the City of Rockford, Illinois (city) (defendant) wanted to change a real estate parcel’s zoning from residential to commercial use. Illinois zoning law required such zoning decisions to take into account public health, safety, comfort, morals, and welfare. At the suggestion of the city zoning committee, the landowner placed a restrictive covenant on the parcel, thereby limiting the parcel’s business use to just 18 of the 44 activities otherwise permitted in a commercial zone. On the strength of that restrictive covenant, the zoning committee rezoned the parcel for commercial use. Erik Cederberg (plaintiff) subsequently bought the parcel and began building a commercial laundry. Cederberg apparently was unaware that the restrictive covenant barred using the parcel for such a purpose. When city officials halted construction, Cederberg sued. The trial court struck down the restrictive covenant but upheld the validity of the zoning ordinance. The city appealed to the Illinois Appellate Court.

Rule of Law

Issue

Holding and Reasoning (Moran, J.)

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