Case Law: Campgrounds
February 20, 2004 by dwagner · Leave a Comment
County has legitimate interest for health and safety reasons in regulating development of land, and fact that development at issue did not involve division of land into two or more tracts does not mean that the county could not apply its subdivision ordinance to a campground condominium development. Read more
Case Law: Res Judicata
February 19, 2004 by dwagner · Leave a Comment
Under the ‘same evidence’ test, res judicata bars a second suit if the evidence needed to sustain the second suit would have sustained the first; in this case, trial court erred in dismissing on the basis of res judicata because the relief sought in the two suits was sufficiently distinguishable to require different proof and evidence. Read more
Case Law: Religious Use – Zoning Permits Part II
February 19, 2004 by dwagner · Leave a Comment
Trial court erred in dismissing church’s challenge to denial of its application for special-use permit to operate church in City of Genoa; trial court erroneously disregarded church’s motion for summary judgment and dismissed complaint on grounds raised by court. Read more
Case Law: Misrepresentation
February 14, 2004 by dwagner · Leave a Comment
Statements by bank officials to plaintiff that two developers who borrowed money from bank were ‘excellent real estate developers’-even though bank officials knew developers were in serious financial trouble-were factual affirmations of developers’ business acumen and were actionable as negligent misrepresentations under Illinois law; trial court therefore erred in granting summary judgment in favor of bank and its representatives. Read more
Case Law: Unincorporated Building Permits
February 12, 2004 by dwagner · Leave a Comment
Judgment finding defendant guilty of violating zoning ordinances was improper since city cannot require a city building permit for construction outside city limits. Read more
Case Law: Township Road Tax
February 11, 2004 by dwagner · Leave a Comment
Trial court erred in rejecting taxpayers’ objection to a township road tax because the objectors raised a genuine factual issue as to whether the township road district complied with statutory petition requirements before the tax was approved at a referendum. The 2d District Appellate Court has reversed a ruling by DuPage County Circuit Judge Edward R. Duncan Jr. Read more
Case Law: Writ of Mandamus
February 11, 2004 by dwagner · Leave a Comment
Where property owner proposing new building fully complied with all requirements of applicable planned development ordinance, city planning commissioner was required to grant approval needed for building permit; trial court erred in denying property owner’s petition for writ of mandamus directing commissioner to issue required approval letter. Read more
Case Law: Fiduciary Duty
February 9, 2004 by dwagner · Leave a Comment
Trial court erred in dismissing complaint on basis that partnership agreement involving real estate development was unenforceable because its core purpose was to conceal illegally plaintiff’s participation; Read more
Case Law: Religious Use
February 3, 2004 by dwagner · Leave a Comment
Where city had cognizable, compelling interest to enforce its zoning laws, trial court erred in refusing to enjoin church from violating ordinance that prohibits religious organizations from locating in area zoned for commercial use. Read more
Case Law: Hog-Confinement Facilities
February 2, 2004 by dwagner · Leave a Comment
Trial and appeals courts correctly held that counties have no zoning authority over agriculture, that ‘hog confinement facilities’ are ‘agriculture’ in nature, and that counties therefore have no authority to regulate hog facilities. Read more
