2012 IL App (4th) 110590
Ill. App. Ct.2012Background
- Gaitroses applied for a special-use permit to establish a restricted landing area (RLA) on their agricultural property; Piatt County approved the permit in May 2009; Robrock challenged the ordinance via de novo judicial review, declaratory and injunctive relief; trial court found the ordinance unconstitutional and granted a permanent injunction in May 2011; trial evidence included appraisals of property value impacts, noise measurements, and IDOT compliance analyses; appeal followed seeking reversal of the injunction and affirmation of the ordinance decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the RLA permit was arbitrary and lacked substantial relation to public welfare | Robrock contends permit bears no health/safety relation | Gaitros/County argue proper zoning use and public welfare relation | Yes; holds the ordinance was arbitrary under La Salle factors |
| Whether the permanent injunction was overbroad | Robrock argues injunction improperly bars other RLA uses and broader property | Gaitros contend injunction necessary to protect rights | Partially; injunction reversed and remanded to limit to the 79.5-acre tract |
Key Cases Cited
- La Salle Nat'l Bank v. County of Cook, 12 Ill.2d 40 (1957) (LaSalle factors for zoning validity)
- Twigg v. County of Will, 255 Ill.App.3d 490 (1994) (credibility; manifest weight standard in zoning)
- Wakeland v. City of Urbana, 333 Ill.App.3d 1131 (2002) (trial court credibility; weight of expert testimony)