This is a direct appeal from a decree of the circuit court of Lake County which dismissed, for want of equity, a complaint by which the appellants, who are Mundelein Estates, Inc., Lillian Pickus and Louie Pickus, sought to enjoin the enforcement of a zoning ordinance by the village of Mundelein. The trial judge has certified that the validity of a municipal ordinance is involved and appellants' attack on the ordinance is based on the contention that the restriction it places on the use of their property is unreasonable and arbitrary and denies them due process of law. On March 6, 1946, Mundelein, a village having a population of about 3350, adopted a zoning ordinance establishing uniform districts and prescribing certain uses in each district. Designated for residential use by one section of the ordinance was all that portion of the village lying west of Lake Street, south of Hammond Street, and north of Crystal Street. The western boundary of this district is apparently located in a portion of the village as yet not subdivided. The record shows that there has been considerable residential development in the district except on the lots facing the west side of Lake Street. Appellants are the owners of four lots, fronting on the west side of Lake Street, at the southwest corner of Lake and Division Streets. Hammond Street is one block north of Division Street and Crystal Street is one block south of it; all three streets run parallel in an east-west direction and connect with Lake Street, the eastern boundary of this particular residential district. The latter street is a paved highway, sixty-six feet wide, over which passes U.S. Route 45. There is nothing in the evidence, exhibits, or in the portion of the ordinance set forth in the briefs, which enables us to accurately state the zoning classification placed on the areas immediately north, east and south of the residential area fixed by the portion of the ordinance above described. At the time the ordinance was adopted, the block in which appellants' land is situated was vacant except for a church, a parish house and a private residence valued at $18,000, all of which faced Lake Street. Appellants contracted for two of their lots in 1942, and for the other two in 1947, receiving deeds in 1949 or early 1950. Since the adoption of the ordinance, the only new construction in the block has been a $160,000 parochial school, a use permitted by the ordinance. Appellants now desire to erect commercial buildings, including a variety store, drugstore and filling station on their property, and seek to enjoin the village from enforcing the ordinance against their property, contending that its classification for residential use is arbitrary, unreasonable and confiscatory.
