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Ronda Realty Corp. v. Lawton

414 Ill. 313, 111 N.E.2d 310 (1953)

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Ronda Realty Corp. v. Lawton

Illinois Supreme Court

414 Ill. 313, 111 N.E.2d 310 (1953)

Facts

Ronda Realty Corporation (Ronda) (plaintiff) applied to the Chicago commissioner of buildings for a permit to remodel an apartment building from 21 to 53 apartments. Ronda submitted the application and certified that off-street parking would be available for 18 automobiles. Chicago’s municipal code contained an ordinance that required that an apartment building provide off-street parking at a ratio of one spot for every three units (the ordinance). The ordinance was intended to alleviate crowded city streets, but it only imposed this requirement on apartment buildings. Seemingly having satisfied this requirement, Ronda was issued a permit by the commissioner. After the permit was issued, 13 tenants of the building appealed to the zoning board of appeals (defendant) to reverse the action of the commissioner. The tenants argued that Ronda did not meet the parking requirements because there was only space for eight cars in Ronda’s lot. The zoning board of appeals held a hearing and concluded that there were not enough spots on Ronda’s lot and revoked the permit. Ronda subsequently filed a complaint with the circuit court, arguing that the ordinance was invalid and unconstitutional because it discriminated against Ronda and denied Ronda equal protection of the law. The circuit court found in favor of Ronda and reversed the order of the zoning board. The circuit court’s decision was appealed by the tenants, the commissioner of buildings, and the zoning appeals board.

Rule of Law

Issue

Holding and Reasoning (Daily, J.)

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