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Case Law: Non-Conforming Cemetery

July 19, 2004 by · Leave a Comment 

Under village zoning ordinance, a new mausoleum in plaintiff’s existing non-conforming cemetery is an extension or enlargement of the non-conforming use and therefore requires a special-use permit. Read More…

Case Law: Repeal by Implication

July 19, 2004 by · Leave a Comment 

Trial court erred in finding that McHenry County ordinance governing surface mining operations was repealed by implication by state Environmental Protection Act. The Illinois Supreme Court has reversed a ruling by the Appellate Court. Read More…

Developers to pass on costs of Will County developer fees

July 15, 2004 by · Leave a Comment 

On Thursday, July 15, the Will County Board approved a new set of residential developer fees to help pay for school construction, which has mostly been funded by property taxpayers. Read More…

Case Law: Employment Law – Retaliation

July 7, 2004 by · Leave a Comment 

The evidence supported jury’s conclusion that county officials retaliated against county employee who voiced concerns about improper county practices through pay raise action and in negative performance evaluations. Read More…

New Accessibility Code in Effect July 1, 2004

July 1, 2004 by · Leave a Comment 

The New City of Chicago Building Code accessibility guidelines went into effect on July 1, 2004. These guidelines require a certain percentage of the total number of housing units in a development to be adaptable and visitable. The new requirement allows residential units to be modified for accessibility without major structural changes as well as providing for minimal accessibility housing features for disabled people visiting the homes of others. Read More…

Case Law: “Adult” Use

July 1, 2004 by · Leave a Comment 

City zoning ordinance, with dual-purpose restrictions on location, provides for sufficient channels of communication for distribution of sexually explicit materials and therefore is not unconstitutional. Read More…

Case Law: Encroachment on the Right-of-Way

June 19, 2004 by · Leave a Comment 

The Circuit Court of Lake County dismissed plaintiff Mark D. Jamison’s complaint for mandamus against defendant, the City of Zion. Plaintiff’s neighbor to the south had a large lilac bush in the right-of-way of Sharon Place. Read More…

Case Law: Parking Spaces

June 17, 2004 by · Leave a Comment 

Defendant did not personally violate Peoria zoning ordinance that requires residential buildings to have one parking space for each dwelling unit because the changes in his buildings were made before he owned them. Read More…

Case Law: Delegation of Legislative Power

June 15, 2004 by · Leave a Comment 

Trial court erred in denying motion for judgment on pleadings when local ordinance constituted an unconstitutional delegation of legislative power. Read More…

Case Law: Waste Treatment

June 15, 2004 by · Leave a Comment 

Environmental Protection Agency correctly found that city was more qualified to provide wastewater treatment services to developing area than its current provider, and trial court therefore erred in finding that current provider should continue in that capacity. Read More…

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