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Twigg v. County of Will

627 N.E.2d 742 (1994)

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Twigg v. County of Will

Illinois Appellate Court

627 N.E.2d 742 (1994)

Facts

John W. and Anna Twigg (plaintiffs) purchased a 35-acre tract of land within Will County (defendant) in Illinois. At the time of purchase, the 35-acre tract was zoned as an A-1 classification and required a minimum of a 10-acre lot per residential unit. The Twiggs’ plan was to divide the land into four separate parcels, one for them and each of their three adult children. One of their children planned to raise and keep horses on the property. The Twiggs sold 10 acres on the eastern border of their property and subsequently planned to divide the remaining property into two 10-acre parcels for one son and their daughter and divide the remaining five acres into two 2.5-acre parcels, one for themselves and one for their other son. The Twiggs’ plans for the last five acres did not conform to the A-1 classification, so they petitioned Will County to rezone the five acres from A-1 to an E-2 classification, which would allow for 2.5-acre lots per residential unit. Will County denied the Twiggs’ petition. The Twiggs filed a lawsuit in circuit court for declaratory and injunctive relief. The circuit court granted injunctive relief for the Twiggs, restraining Will County from enforcing its A-1 zoning classification with respect to the Twiggs’ property. Will County appealed.

Rule of Law

Issue

Holding and Reasoning (Barry, J.)

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