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Case Law: Statute of Limitations Upholds Annexation

September 15, 2010 by · Leave a Comment 

The trial court correctly held that a property owner was barred by a one-year statute of limitations from challenging the annexation of its property into the Village of Glendale Heights. The Illinois Appellate Court, 2nd District, has affirmed a ruling by DuPage County Circuit Judge Bonnie M. Wheaton.

Ayre Enterprises, Inc. was the owner of a parcel of real estate that had been annexed into the village by an October 2000 ordinance. The village alleged that Glen Ayre violated the village’s zoning ordinances and therefore sought injunctions restricting the use of the land.
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Zoning text amendment permits winds of change

June 28, 2010 by · Leave a Comment 

A recent decision of the Seventh Circuit federal court of appeals rejected a claim to prevent the construction of a windmill farm.
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Case Law: Tax Assessment Valuation

March 4, 2010 by · 2 Comments 

The state Property Tax Appeal Board erroneously allowed a property owner to voluntarily dismiss its appeal to the board without giving a reason for the dismissal and without giving intervening school districts a chance to present their evidence in the case.
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Case Law: Recording Land Surveys

October 5, 2009 by · 1 Comment 

County must record or ensure recording of all documents that effect restrictions on real estate, in order to hold any subsequent owner or purchaser responsible for the restrictions. Read More…

Case Law: Down-Zoning

September 19, 2009 by · Leave a Comment 

Municipalities have lots of leeway in amending zoning laws, even if it spoils fantasies of real estate developers. But when a municipality yanks the grass carpet from under a developer by ”down-zoning” property, the vested-rights doctrine might protect the owner’s right to build structures that would have been permitted under the old regulation. Read More…

Case Law: Condemnation

November 27, 2007 by · 1 Comment 

A DuPage County jury doubled the Indian Prairie Community School District’s condemnation offer to a total of $31,000,750 for one of the last remaining large tracts of land in DuPage County. Read More…

Case Law: Tort Law

September 4, 2007 by · Leave a Comment 

The City of Chicago has immunity from a lawsuit brought by the mother of a man who fell from the roof of a three-story building during a December 2004 party, the 1st District Appellate Court held Tuesday. Read More…

Case Law:

June 7, 2007 by · Leave a Comment 

The Village of Northbrook’s zoning requirements did not violate federal law by preventing a Presbyterian church from establishing a home in the northwest suburb, a federal appeals court held Thursday. Read More…

Case Law: Adult Bookstore

April 8, 2007 by · Leave a Comment 

City’s restrictions on location of adult-use businesses, which effectively zones such establishments outside of the city, did not violate business owner’s First Amendment rights where adequate alternative locations were available. Read More…

Case Law: Vested Right in Prior Zoning

January 21, 2007 by · 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…

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