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Case Law: OCD and Misuse of Property

August 12, 2006 by · Leave a Comment 

In The City of Quincy v. Donald L. Weinberg, the plaintiff filed a complaint and application for injunctive relief against Donald L. Weinberg, stating the defendant had violated the municipal code in areas of fire prevention, housing and zoning. Read More…

Case Law: Building Code Violations

April 12, 2005 by · 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: 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: Notice Requirements

April 12, 2004 by · Leave a Comment 

Ordinance annexing highway right-of-way was invalidly enacted because notice of hearing was not properly given to interested parties; therefore, trial court erred in finding defendants in violation of ordinance and imposing fines for violations. Read More…

Case Law: Legal Non-Conforming Use

April 2, 2004 by · Leave a Comment 

Defendant business was entitled to use 10 percent of its property for outdoor storage of its products as non-conforming use under municipality’s previous zoning ordinance and did not forfeit its right to non-conforming use by exceeding 10 percent limit for several years before city filed complaint alleging outdoor storage violation. Read More…

Case Law: Religious Use

March 22, 2004 by · Leave a Comment 

Municipality improperly denied church’s application for special-use permit to conduct activities in building it had purchased in area zoned for commercial use; aside from city’s contention that anything but commercial use would conflict with comprehensive plan, city made no argument that church failed to meet requirements for securing permit under municipal zoning ordinance. Read More…

Case Law: Religious Use

February 3, 2004 by · Leave a Comment 

Where city had cognizable, compelling interest to enforce its zoning laws, trial court erred in refusing to enjoin church from violating ordinance that prohibits religious organizations from locating in area zoned for commercial use. Read More…

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