Case Law: Vested Right in Prior Zoning
January 21, 2007 by dwagner · Leave a Comment
The correct date for determination of substantial expenditure to prove vested right in the prior zoning classification is the date that some official action was taken to change zoning, as opposed to date alderman first discussed with developer the possibility of zoning amendment. Read more
Case Law: Zoning Variance – Manifest Weight of the Evidence
January 21, 2007 by dwagner · Leave a Comment
Findings by the Chicago Zoning Board to deny application for a variance that fails to meet municipal ordinance criteria is not against the manifest weight of the evidence if the board is not required to provide specific factual findings, the plight of the property owner is self-imposed and viable alternatives are available that will produce a reasonable return without the variance. Read more
Case Law: Conditional Use Permit and Vested Rights
January 20, 2007 by dwagner · Leave a Comment
In the City of Elgin a party cannot acquire vested rights to continue religious operations in violation of an ordinance without a conditional use permit where the city’s zoning ordinance is facially constitutional, and the party did not expend substantial time and effort attempting to comply with the ordinance as it then existed. Read more
