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Case Law: Billboards

August 16, 2004 by · Leave a Comment 

The City of Oakbrook Terrace attempted to enforce a zoning ordinance that would regulate off-premises, freestanding, outdoor advertising signs. The defendants consisted of the Suburban Bank and Trust Company, Paramount Media Group, Inc, the Estate of Rose Alma Robinette and National Advertising Company. Read More…

Case Law: Demolition

August 12, 2004 by · Leave a Comment 

Trial court correctly ordered the demolition of the building on the basis that the record showed that the building was unsafe and beyond repair. Read More…

Case Law: Non-Conforming Property

August 11, 2004 by · Leave a Comment 

Trial court correctly ruled that 1978 exception in village zoning ordinance allowed for construction of single-family home on property that would not have met minimum lot size but for common ownership of contiguous lots required by 1978 zoning amendment. Read More…

Case Law: Contract Rescission

August 11, 2004 by · Leave a Comment 

Where oil company discovered after entering into contract to sell former gas station that it would have to pay as much as $1 million to correct environmental damage, it could not escape contract based on mutual mistake of fact; mistake was only unilateral as to cleanup costs, and seller should have known of such potential costs. Read More…

Case Law: Car Repair Shops

August 8, 2004 by · Leave a Comment 

Neither the oral assurances of a City of Chicago zoning department employee that the plaintiff could properly operate a car repair shop as a non-conforming use in a residential area nor the issuance and renewal of the plaintiff’s business license constituted an affirmative act by the city that would estop the city from later enforcing its zoning ordinance to prevent the plaintiff’s non-conforming use. Read More…

Choice of Zoning Ordinance Review 2003 or 2004

August 2, 2004 by · Leave a Comment 

As of August 2, 2004, you may choose to have development project review under the new Chicago Zoning Ordinance or the current Ordinance. Read More…

Case Law: Civil Procedure – Trees

August 1, 2004 by · Leave a Comment 

Trial court erred in overruling objections to defense counsel’s improper claims about damages in closing argument because statements may have led jury to reach inappropriate award; where jury instructions were sufficiently clear, trial court did not err in instructing jurors that damages for trees defendants allegedly cut down would be trebled pursuant to applicable statute. Read More…

Updated Mechanical Code in Effect July 28, 2004

July 28, 2004 by · Leave a Comment 

The new Mechanical Code, which can be found in the Chicago Building Code, is in effect as of July 28, 2004. Read More…

Case Law: Attorney Approval Clause

July 25, 2004 by · Leave a Comment 

Under attorney approval clause in a real estate contract, an attorney need not state reasons for his disapproval of a contract because the attorney’s right to disapprove is a wholly proper exercise of his judgment, limited only by good faith. Read More…

Case Law: Proximity of Adult Entertainment to Church

July 19, 2004 by · Leave a Comment 

In determining whether defendants violated statute prohibiting adult entertainment facility from being within 1,000 feet of church, trial court correctly held that measurement should be from property line to property line, not from church property line to boundary of defendants’ leasehold on property where business was to be located, which was more than 1,000 feet from church property line. Read More…

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