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Case Law: Building Code Violations
April 12, 2005 by dwagner · Leave a Comment
Trial court correctly ruled that the City of Chicago is not due violation fees for building violations that did not endanger the public and were fixed promptly and in good faith. Read More…
Case Law: Condominium Disclosures
January 10, 2005 by dwagner · Leave a Comment
Trial court erred in rejecting plaintiff’s claim that defendant, prior to selling his condominium unit to plaintiff, concealed knowledge of a condominium window replacement project from plaintiff that would require her to pay $10,300. Read More…
Case Law: Disconnection Fees
January 10, 2005 by dwagner · Leave a Comment
Village of Elk Grove Village, which sought to prevent the City of Chicago from acquiring property in the village as part of the expansion of O’Hare Airport, did not have the authority to enact an ordinance to impose substantial “disconnection” fees on any property owner who sought to disconnect property from the village for the airport project. Read More…
Case Law: Code Violations
January 3, 2005 by dwagner · Leave a Comment
Trial court correctly imposed a fine against Barrington Hills church for violations of village code provisions governing improvements on church property; but the fine amount should have been $70,800, not the $100,000 fine imposed because that amount improperly included the period after the church had fully complied with the village code. Read More…
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…
