Agenda - Planning Commission - 07/01/2004

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90 Page 4 -- May 25, 2004 However, he did no auto body work in the building. Campbell stored cars, his plumbing truck, and other machinery in the unfinished building. He also painted a horse trailer, put in an engine, and did some plumbing and masonry work in the building. On Jan. 14, 1998, the new zoning ordinance became effective. When the sidewalls were put up sometime after this date, Campbell resumed his auto work. The zoning compliance officer gave Campbell notices of violation after concluding the land was not grandfathered in for an auto body shop. Such shops were now illegal under the ordinance. Campbell sued, and the court ruled in favor of the county. CampbeLl appealed. DECISION: Affirmed, Although the evidence clearly established preparation and intent to open an auto repair business, there was no indication Campbell had an ongoing auto repair business at that location as of Jan. 14, 1998. No automotive body repair was done on the property in 1997. In fact, no auto work was done in the building until after the sidewalls were put up. There was no evidence presented regarding Campbell's customer base, business op- eration, or invoices for auto repair work in ~997. Although Campbell repaired his uncle's car at some point, there was no indication of when this occurred. Consequently, there was ample evidence Campbell did not operate an auto repair business on the property prior to adoption of the zoning ordinance. Thus, his intended use for the property was not grandfathered in. see also: Hearherly v. Merriraack M~mtal Fire [ns~trance Co., 43 S. W. 3d (2000). see also: Thandiwe v. Trm~ghbet; '909 S. W. 2d 802 (1994). Religious Use -- Church challenges ordinance as unconstitutional City claims offending portion had been changed Citation: Christ Universal Mission Ch~rch v. CiO; of Chicago, 7th.U.S. Circuit Court of Appeals, No. 02-4119 (2004) The 7th Cimuit has jurisdiction over Illinois, Indiana, and Wisco~sin. ILLINOt$ (03/26/04) ~ Christ Universal Mission Church purchased prop- erty in a district where churches, unlike recreation buildings and community centers, had never been permitted uses. Christ Universal challenged the local zoning ordinance as unconstitutional when it discovered it could not operate in its chosen location without'seeking a map amendment. Christ UniversaL sued. The court ruled [n its favor, finding no rational ba- sis for the city to permit community centers yet exclude churches, resulting tn a constitutional violation. 2004 Quinlan ?ublishing Group. Any reproduction is prohibited. For more information please call (617) 542-0048.