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00-2674, 00-2757 Dadian v. Village of Wilmette

By: dmc-admin//October 22, 2001//

00-2674, 00-2757 Dadian v. Village of Wilmette

By: dmc-admin//October 22, 2001//

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“The jury heard testimony about the costs to the Village in granting the front driveway permit, which included zoning and land-use concerns but minor administrative costs, and about the needs of the Dadians, which included the need for Mrs. Dadian to avoid twisting and turning and walking for long distances. The jury also heard from an architect and appraiser that an attached, front garage was a better fit with the new home design than an attached, rear garage with a turnabout because of the ‘parking lot feel’ and implicit loss of aesthetics and decreased home value that a turnabout would create. Because six of the sixteen homes on the block already had curb cuts (via front or side driveways), a reasonable jury could have found that the Dadians’ request was not at odds with the purpose behind the ordinance and would not cause a fundamental or unreasonable change to the ordinance. This is particularly so because the Dadians were not requesting a change to the ordinance itself, but application of the hardship exception to their case. On the other hand, a reasonable jury could have concluded that the Village’s permanent loss of property outweighed the Dadians’ needs because an attached, rear garage with a turnabout would have satisfied their needs and the Dadians should bear the burden of the resulting decreased home value, and not the Village.”

Affirmed.

Appeals from the United States District Court for the Northern District of Illinois, Coar, J., Williams, J.

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