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County of Du Page v. Gavrilos

Case Date: 08/26/2005
Court: 2nd District Appellate
Docket No: 2-05-0817 Rel

No. 2--05--0817

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

THE COUNTY OF DU PAGE,

            Plaintiff-Appellee,

v.

THEODORE D. GAVRILOS, GEORGIA B.
GAVRILOS, and THEODORE D. GAVRILOS
and GEORGIA B. GAVRILOS as Trustees
under the terms and provisions of a certain
Trust Agreement dated March 22, 1996,
and known as the Theodore D. Gavrilos and
Georgia B. Gavrilos Trust,

             Defendants

(Picture Perfect, Inc., Defendant-Appellant).

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)		 Appeal from the Circuit
Court of Du Page County.


No. 05--CH--1060









Honorable
Bonnie M. Wheaton,
Judge, Presiding.

JUSTICE BYRNE delivered the opinion of the court:

Plaintiff, the County of Du Page, filed a four-count complaint for injunctive relief alleging that the business operations of defendant, Picture Perfect, Inc., commonly known as "One In A Million," constitutes an "Adult Business Use" as defined by the Du Page County zoning ordinance, and that the operation of an adult business use on the subject property violates several location restrictions of the Du Page County zoning ordinances. The County subsequently petitioned the trial court for a temporary restraining order (TRO). Defendant responded with a motion to strike the petition; a motion to strike the affidavit of Paul Hoss, an employee of the County's zoning division; three counteraffidavits; and an answer to the petition, filed in the alternative to the motion to strike. Following a hearing on the County's petition, the trial court issued a TRO. Defendant filed this interlocutory appeal (188 Ill. 2d R. 307(a)(1)) contesting the TRO. Defendants Theodore D. Gavrilos, Georgia B. Gavrilos, and Theodore D. Gavrilos and Georgia B. Gavrilos, as trustees under the terms and provisions of a certain trust agreement dated March 22, 1996, and known as the Theodore D. Gavrilos and Georgia B. Gavrilos Trust, are not parties to the appeal.

BACKGROUND

All four counts of the County's complaint allege that defendant's use of the premises constitutes an "Adult Business Use" in violation of Du Page County zoning ordinances. Count I alleges a violation of an adult business use in a B-2 zoning district. Du Page County Zoning Ordinance