Illinois Appellate Court
Civil Court
Zoning
Plaintiff church entered into contract for purchase of former restaurant building in area zoned commercial, and paid $50,000 in earnest money. Zoning contingency in contract gave 120 days to try to obtain zoning change, but City denied request for special use permit. Plaintiff knew, at time of entering into contract, of commercial zoning and that church use was allowed only by special use permit. Plaintiff could not rely in good faith on probability that City would approve use of property as church. Plaintiff thus failed to establish "probability" that City would approve special use permit, and it had no vested right to do so; thus, court properly denied Plaintiff's motion for preliminary injunction. (MURPHY and STEELE, concurring.)