We often hear about zoning ordinances in various municipalities forcing business owners to change their proposed plans. We don’t often hear about the business later coming out on top. That’s exactly what happened though for a gas station outside of Chicago in Frankfort Township.
The Chicago Tribune reports that the owners of a gas station wanted to have a car wash and drive through lane installed with the business. The local county board voted against it after concerned residents gathered 700 signatures on a petition. But the owners of the gas station weren’t satisfied with that decision, so they took their case to the courts.
The 2015 lawsuit was settled this month. The judge ruled that the decision to vote against the car wash, citing residents’ concerns about traffic, noise and pollution, was wrong.
On Friday, Will County Judge John Anderson ruled that the county board’s decision was “arbitrary and capricious” after hearing testimony from a variety of officials. Among those providing input were the county’s land use staff, a civil engineer, a professional appraiser, residents, Frankfort Township Highway Commissioner William Carlson and three Republican Will County Board members, Mike Fricilone, Steve Balich and Elizabeth Collins. Collins has since retired from the board.
The judge ruled that the special use permits required for the car wash were consistent with ordinances and that concerns such as noise and pollution would not be problems.