Elmhurst-Chicago Stone Co. v. County of Will

441 N.E.2d 880, 109 Ill. App. 3d 1029, 65 Ill. Dec. 565, 1982 Ill. App. LEXIS 2389
CourtAppellate Court of Illinois
DecidedOctober 27, 1982
DocketNo. 82-45
StatusPublished
Cited by3 cases

This text of 441 N.E.2d 880 (Elmhurst-Chicago Stone Co. v. County of Will) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elmhurst-Chicago Stone Co. v. County of Will, 441 N.E.2d 880, 109 Ill. App. 3d 1029, 65 Ill. Dec. 565, 1982 Ill. App. LEXIS 2389 (Ill. Ct. App. 1982).

Opinion

JUSTICE ALLOY

delivered the opinion of the court:

Plaintiff Elmhurst-Chicago Stone Company brought the instant action to challenge the Will County Zoning Ordinance as applied to certain of its Will County land. The company owned 15 acres of land in Will County and planned to construct and operate a concrete plant and an asphalt plant on the property. The property is in the midst of other property, some of which is owned by Elmhurst-Chicago, and which is zoned for quarrying and blasting. The Will County Board denied the company’s request for industrial rezoning which would have permitted the construction and operation of the plants. Thereafter the company filed this declaratory action against the county, seeking a declaration that the zoning ordinance as applied to the company’s land in question was null and void. It sought injunctive relief and an order directing the county to permit the proposed industrial uses. After certain nearby landowners were allowed to intervene, the case proceeded to trial before the trial judge, sitting without a jury. Extensive documentation was presented concerning the proposed plants and sites, and numerous witnesses testified during the lengthy trial. At the close of the trial, the court took the matter under advisement. Three days later, the court entered an oral interim order, finding the issues in favor of the plaintiff and against the defendants. At the same time, by oral direction, the court ordered the plaintiff to submit to it a plat showing the location of the two plants, a diagram or map showing the roads that would be used, and the plans and specifications for the two plants. The case was then continued for one month, for the presentation of this further evidence.

At the hearing on the additional evidence, an employee of Elmhurst-Chicago testified and produced the exhibits required by the trial court’s previous interim order. The evidence was admitted over the objection of the defendants, who argued that the evidence ought to have been produced earlier and that the trial court could not accept further proof, after close of the case. The court offered defendants a continuance for the purpose of permitting them to challenge the evidence, or for preparing for cross-examination with respect to it, but the court’s offers were refused. Thereafter, defendants objections were overruled, and the court admitted the evidence previously requested by it. A written judgment order followed. In the 13-page written judgment order, the trial court carefully set forth its findings and the basis for its decision in the case. After reviewing the salient facts and the applicable law, the court concluded:

“*** that the evidence is clear and convincing that the action of the County Board must be found to bear no real or substantial relation to the public health, safety or general welfare, and that such denial was arbitrary, capricious and unreasonable, and that it must be set aside by this Court as a matter of law.”

The court in its order also detailed the steps required of all parties with respect to compliance and the construction of the plants. Elmhurst-Chicago was required to apply for and comply with all permit requirements concerning the plants. The court also set forth roadways to be used for construction equipment and materials, and other pertinent details with respect to plant location and road repair. The county was permanently enjoined from attempting to enforce its zoning ordinance to prevent or hinder the proposed use of the property by the plaintiff. From the judgment, the defendants county of Will and the interveners now appeal.

The issues raised by the defendants focus on the court’s action in requiring and permitting further proof into the record (the plat, maps and plant specifications), after the trial had ended and an interim order had been entered. We find no reversible error and affirm. Whether to reopen a case for further proof is a decision resting within the sound discretion of the trial court, as is any decision on the order of proof. The court in Harper v. Johnson (1978), 61 Ill. App. 3d 190,193, 377 N.E.2d 1288, noted:

“ “*** It must be remembered that courts are instituted for the administration of justice, and that the matter of the order of proof and allowing a case to be opened up for taking further evidence rests in the sound judicial discretion of the court ***. [Citations.] Where the cause is tried before the court without a jury, as in the case at bar, greater liberty should be allowed in such matter and such leave should not be refused except for the most cogent reasons.’ ” (Citing to People ex rel. Boos v. St. Louis, Iron Mountain & Southern Ry. Co. (1917), 278 Ill. 25, 28-29.)

It is noted that in the instant case, the trial judge was sitting without a jury. This was also a declaratory and injunctive relief action, involving a question of zoning. At least one court has noted the particular usefulness. of such discretionary authority in permitting additional proof in actions for declaratory and injunctive relief. (Continental Illinois National Bank & Trust Co. v. Village of Park Forest (1972), 4 Ill. App. 3d 811, 817, 282 N.E.2d 167.) Others have noted the appropriateness of taking additional evidence where the court desires or needs such evidence in order to adequately and completely frame a decree. (Fiore v. City of Highland Park (1966), 76 Ill. App. 2d 62, 76, 221 N.E.2d 323, appeal after remand (1968), 93 Ill. App. 2d 24, 235 N.E.2d 23, cert. denied (1969), 393 U.S. 1084, 21 L. Ed. 2d 776, 89 S. Ct. 867.) As is evident from the above, whether to reopen proofs for taking of additional evidence is a decision resting within the wide discretion of the trial court.

In attacking the procedure used by the trial court in the instant case, the defendants correctly note that in an action challenging a zoning ordinance or zoning decision, the plaintiff has the burden of producing evidence on the specific uses and improvements proposed. (Sinclair Pipe Line Co. v. Richton Park (1960), 19 Ill. 2d 370, 167 N.E.2d 406.) The defendants then further argue that plaintiff herein failed to meet the burden imposed upon it, because it closed its case without introducing evidence as to the “specific matter of the contemplated bituminous asphalt plant and concrete plant.” Such argument ignores the record, as produced by the parties even prior to the acceptance of additional proof. There was extensive and very detailed testimony and exhibits presented by plaintiff concerning the plants, their location, their construction, their operation, and their installation. Detailed evidence was heard concerning the size of the plants, their essential components, their exact location, and their operation. Evidence concerning needed roadway alterations for construction and roadway patterns after installation, as well as landscaping plans and related matters, was also presented. Plaintiff Elmhurst-Chicago presented extensive and detailed evidence on the specific uses and improvements it proposed to construct on the property.

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Bluebook (online)
441 N.E.2d 880, 109 Ill. App. 3d 1029, 65 Ill. Dec. 565, 1982 Ill. App. LEXIS 2389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elmhurst-chicago-stone-co-v-county-of-will-illappct-1982.