Case Law: Jurisdiction
April 22, 2004 by dwagner · Leave a Comment
Appeals court dismissed appeal because defendants failed to file timely notice of appeal from denial of their initial section 2-1401 petition; appeals court also lacked jurisdiction over appeal from defendants’ second petition because trial court erred in allowing defendants to file that petition. Read more
Case Law: Specific Performance
April 22, 2004 by dwagner · Leave a Comment
Even if plaintiff’s request for lower purchase price constituted anticipatory repudiation of its contract to purchase real property, plaintiff successfully retracted that repudiation because defendants had not materially changed their position or indicated to plaintiff an intent to treat the contract as rescinded. Read more
Case Law: Breach of Contract
April 19, 2004 by dwagner · Leave a Comment
Claim against City of Highland Park was not barred by previous federal court dismissal under doctrine of res judicata because there was no adjudication on the merits in the federal court matter and no identity on the federal and state claims. Read more
Case Law: Due Process
April 19, 2004 by dwagner · Leave a Comment
District judge correctly dismissed a civil rights claim stemming from a zoning dispute since plaintiff could have sought protection in state court. Read more
Case Law: Lot Size Requirements
April 18, 2004 by dwagner · Leave a Comment
Zoning ordinance properly prohibited single-family homes on lots of less than 66 feet in width. Read more
Case Law: Home Occupation
April 18, 2004 by dwagner · Leave a Comment
Denial of plaintiffs application for a special use permit to conduct a “home occupation” in their Moline residence was improper since such denial was arbitrary, capricious and unreasonable. Read more
Case Law: Notice Requirements
April 12, 2004 by dwagner · Leave a Comment
Ordinance annexing highway right-of-way was invalidly enacted because notice of hearing was not properly given to interested parties; therefore, trial court erred in finding defendants in violation of ordinance and imposing fines for violations. Read more
Case Law: Chicago Zoning Ordinance
April 8, 2004 by dwagner · Leave a Comment
The City of Chicago’s zoning ordinance was unconstitutional as applied to plaintiff’s property but no temporary taking occurred where plaintiff was not denied economically viable use of the property. Read more
Case Law: Legal Non-Conforming Use
April 2, 2004 by dwagner · Leave a Comment
Defendant business was entitled to use 10 percent of its property for outdoor storage of its products as non-conforming use under municipality’s previous zoning ordinance and did not forfeit its right to non-conforming use by exceeding 10 percent limit for several years before city filed complaint alleging outdoor storage violation. Read more
