Case Law: Courts’ Have No Authority to Rezone
December 30, 2004 by dwagner · Leave a Comment
While trial courts have the authority to pass upon the validity of a zoning ordinance, this authority does not include the power to determine the ultimate zoning classification; therefore, trial court in this case erred in ordering city to rezone property involved in zoning dispute. Read more
Case Law: Private Enforcement
December 30, 2004 by dwagner · Leave a Comment
Billboard advertising company was entitled to enforce against a competitor a Chicago Municipal Code section that confers authority on owners of real property within 1,200 feet of any building to institute action to abate or restrain violation of local zoning ordinances. The Illinois Appellate Court, 1st District, 3d Division, has affirmed a ruling by Judge Anthony J. Scotillo. Read more
Case Law: Landfill Application
December 28, 2004 by dwagner · Leave a Comment
Pollution Control Board correctly affirmed Will County Board approval of proposal by Waste Management to locate a landfill on the site of the former Joliet Army Ammunition Plant; objectors failed to show that the county board failed to exercise its its own judgment in approving the landfill proposal. Read more
Case Law: Equal Protection
December 19, 2004 by dwagner · Leave a Comment
Jury properly awarded $402,000 verdict to a group of real estate developers who apparently were the victims of unequal application of land-use regulations in the Town of Cicero because of Cicero Mayor Betty Loren-Maltese’s hostility toward the developers. Read more
Case Law: Petition to Intervene
December 18, 2004 by dwagner · Leave a Comment
Where it appeared to citizen that interests of general public began to diverge from his own interests, trial court should have allowed citizen to intervene in zoning matter to present evidence attacking purported settlement in which plaintiff was allowed to operate asphalt plant near the citizen’s business. Read more
Case Law: Injunction
December 16, 2004 by dwagner · Leave a Comment
Although County had statutory authority to seek enforcement of zoning ordinance prohibiting the construction of grain bins within setback line of adjacent road, and it established violation with regards to tenants, it failed to establish that owners of land had any knowledge of violation and trial court order was defective because it failed to balance the equities before it issued mandatory injunction requiring that violation be removed. Read more
Case Law: Rezoning
December 15, 2004 by dwagner · Leave a Comment
Plaintiffs’ petition to rezone their 87-acre parcel of land from agricultural to single-family residential was properly denied because the predominant use in the area surrounding the plaintiffs’ property is agricultural. The Illinois Appellate Court, 2d District, has affirmed a ruling by Boone County Circuit Judge Steven M. Nash. Read more
Revised Chicago Building Code Allows for CPVC for Fire Sprinkler Pipe
December 15, 2004 by lseggelke · Leave a Comment
Chicago has joined the country’s other 50 largest cities in allowing the use of CPVC for fire sprinkler systems in high-rise retrofits. This is the first time that Chicago high rises can install anything other than metallic fire sprinkler pipe. Read more
Case Law: Correctional Centers and Detention Facilities
December 12, 2004 by dwagner · Leave a Comment
Municipality may not force state to abide by zoning ordinance requiring state to apply for special-use permit where state is carrying out statutory duty encompassing statewide concern. Read more
Case Law: Injunction
December 11, 2004 by dwagner · Leave a Comment
Trial court correctly concluded that defendant’s industrial uses of its property zoned residential and commercial were in violation of the county zoning ordinance; injunction to prevent those uses was also proper. Read more
