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9 Zoning Dig. 1 (1957)

handle is hein.journals/planevirw9 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 9 JANUARY 1957 Pages 1-24 ILLINOIS SUPREME COURT BACK ON ZONING TRACK Many years ago the Supreme Court of Illinois, in the famous Welton case (Welton v. Hamilton, 344 Illinois 82. 176 N.E. 333, 1932 ), held that the action of a zoning board of appeals was unconstitutional because there were no adequate standards governing its action. This decision appears to have been widely misinterpreted in Illinois. Other states, in an effort to meet the criticism of the Illinois court, attempted to establish standards that would govern the actions of a zoning board of appeals. In Illinois a procedure devel- oped whereby zoning boards of appeal, instead of acting, made recommendations to the legislative bodies. This has led to confusion between variations and amendments. In the intervening years it appears that the Supreme Court of Illinois in a large number of decisions misunderstood the purpose of zoning. It appeared that the Supreme Court was much more concerned with individual rights than with com- munity needs. It appeared that the Supreme Court was much too interested in the loss of a value. While the Supreme Court enunciated sound principles -- such as loss of value will not invalidate zoning, and the court will not substitute its judgment for that of the local legislative body - - these principles seem to have been honored more by their violation than by their acceptance. In recent months there have been a large number of deci- sions on zoning from the Supreme Court of Illinois. To a very considerable extent it seems to be on the right track igain. Several of these decisions appear in this issue of ZONING DIGEST. To your editor, it appears that the Supreme ourt of Illinois again recognizes that community needs are >aramount to individual desires; that the local legislative >ody must be responsible for zoning decisions, which are to

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