Gurba v. Community High School District No. 155
2015 IL 118332
| Ill. | 2015Background
- Crystal Lake South High School is in the City of Crystal Lake (a home-rule municipality); the school parcel is a legal nonconforming use in an R-2 residential zone and is owned by Community High School District No. 155 (District) and operated by its Board.
- In 2013 the Board planned to replace stadium bleachers, relocating larger, taller home bleachers closer to adjacent residences.
- The regional superintendent (Schermerhorn) issued a building permit under the School Code; the District did not seek City zoning, storm-water, or building permits and did not notify the City.
- The City ordered construction stopped and demanded zoning variances, a special-use permit, and storm-water approval; the Board proceeded and asserted school property is exempt from municipal zoning.
- Neighboring homeowners sued to enforce the City’s zoning ordinances; the Board filed a third-party declaratory-judgment action seeking a ruling that the City lacked zoning authority over the District.
- The trial court granted summary judgment for the City; the appellate court affirmed, and the Illinois Supreme Court affirmed that municipal zoning and storm-water ordinances apply to school district property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether municipal zoning and storm-water ordinances apply to school district property | City: Municipal/home-rule zoning governs land use within city limits and applies unless expressly preempted | Board: School districts are immune; local zoning unduly interferes with State’s plenary power over public education | Held: Municipal zoning and storm-water ordinances apply to school property; no statutory preemption or immunity |
| Whether School Code/Health & Life Safety Code preempts local zoning review | City: Building-code provisions set construction standards and do not displace local zoning/land-use authority | Board/Schermerhorn: School Code limits municipal review to Health/Life Safety Code procedures and registration; City failed to register so it may not object | Held: Health/Life Safety Code governs building standards, not zoning/land-use; it does not preempt municipal zoning or estop the City |
| Whether section 10-22.13a of the School Code implies immunity from zoning | City: Section authorizes school boards to seek zoning changes because school property is subject to local zoning | Board: The provision is permissive or applies only to non-school-purpose property, so zoning shouldn’t apply | Held: Section 10-22.13a indicates legislative expectation that school property is subject to local zoning; Board’s narrower reading rejected |
| Whether home-rule authority of the City is limited by General Assembly’s power over education | City: Home rule permits concurrent exercise of zoning absent express state preemption | Board: State’s plenary power over public education precludes municipal zoning regulation of school construction | Held: State’s plenary power over education does not implicitly preempt municipal zoning; absent express statutory preemption, home-rule zoning stands |
Key Cases Cited
- La Grange State Bank v. County of Cook, 75 Ill. 2d 301 (discusses zoning as local legislative function)
- Village of Chatham v. County of Sangamon, 216 Ill. 2d 402 (municipalities empowered to regulate land use absent express exclusion)
- People of the Village of Cahokia v. Wright, 57 Ill. 2d 166 (scope of municipal zoning authority)
- Board of Education of School District No. 150 v. City of Peoria, 76 Ill. 2d 469 (General Assembly’s plenary power over Illinois school system)
- Wilmette Park District v. Village of Wilmette, 112 Ill. 2d 6 (public entities are not immune from municipal zoning absent explicit statutory grant)
- Schillerstrom Homes, Inc. v. City of Naperville, 198 Ill. 2d 281 (home-rule authority and municipal powers)