2020 IL App (1st) 200142
Ill. App. Ct.2020Background:
- In 1988 Glenview annexed the Hart property (2660 Pfingsten Rd.) and adopted Ordinance 2856 purporting to rezone part of the parcel to B-1, but expressly conditioned rezoning on a future "notice and application" by the titleholder and acceptance of that application by the Board of Trustees; the zoning map was not amended then.
- Section 4 of Ordinance 2856 granted benefits to the Hart owners (free water service line, continued well use, driveway use, sewer installation) while preserving the rezoning question for later.
- No permit applications or map amendment occurred for 31 years; in May 2019 GW Property Group filed an application for rezoning and commercial development.
- Plaintiffs (nearby homeowners) sued in Sept. 2019 seeking declaratory relief that Ordinance 2856 was void for defective notice and constituted unlawful contract/conditional zoning; the trial court dismissed as time-barred under 65 ILCS 5/11-13-25(a)’s 90-day limit on challenges to municipal zoning "decisions."
- The appellate court held (1) Ordinance 2856 did not constitute a final "decision" to rezone because it reserved rezoning for a future application, notice, and Board acceptance, so the 90-day limitations provision did not apply; and (2) it stayed/sustained injunctive relief suspending demolition/construction permits pending final resolution.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ordinance 2856 was a "decision" under 65 ILCS 5/11-13-25 triggering the 90-day limitations period | Ordinance 2856 did not change zoning; it deferred the rezoning decision to a later owner application and Board acceptance, so no "decision" occurred in 1988 | Ordinance 2856 effectuated rezoning in 1988 and filing of a 2019 application merely triggered the pre-approved rezoning; 90-day bar applies | Ordinance 2856 reserved rezoning for a future application, notice, and Board acceptance and therefore was not a "decision" under §11-13-25; the case is not time-barred |
| Interpretation of Ordinance 2856’s rezoning mechanics: did it effectuate rezoning in 1988 or require full rezoning process later | The ordinance required an application for rezoning, public notice, and Board acceptance; rezoning never took effect and the zoning map was unchanged | The landowner’s filing in 2019 sufficed to satisfy the ordinance’s condition and effectuate rezoning | Court construed the ordinance against the Village: the text parallels Glenview’s formal rezoning process (application, notice, Board enactment) and therefore rezoning required later formal process and acceptance, not mere filing |
| Whether permits for demolition/construction should be suspended pending resolution | Plaintiffs sought injunctive relief to prevent irreversible changes while legal status unresolved | Village argued permits valid following 2019 application and later ordinance approving GW project | Appellate court issued and endorsed temporary injunction: permits suspended during appeal and ordered trial court to continue similar injunctive relief until final judgment |
Key Cases Cited
- Raab v. Frank, 2019 IL 124641 (Ill. 2019) (de novo review and statutory interpretation principles)
- Horsehead Corp. v. Dept. of Revenue, 2019 IL 124155 (Ill. 2019) (use plain meaning and dictionary to discern statutory terms)
- Hawthorne v. Village of Olympia Fields, 204 Ill. 2d 243 (Ill. 2003) (municipal legislative authorities exercise zoning power by ordinance)
- Goffinet v. Christian County, 65 Ill. 2d 40 (Ill. 1976) (conditional rezoning and effect of conditions on zoning changes)
- Dunlap v. Village of Schaumburg, 394 Ill. App. 3d 629 (Ill. App. Ct. 2009) (application of §11-13-25 to municipal zoning ordinances)
- People ex rel. Village of Northbrook v. Village of Glenview, 194 Ill. App. 3d 560 (Ill. App. Ct. 1989) (background annexation dispute involving the same parcels)
- South Stickney Park Dist. v. Village of Bedford Park, 131 Ill. App. 3d 205 (Ill. App. Ct. 1985) (judicial notice of municipal ordinances and public documents)