Gurba v. Community High School District No. 155

Illinois Appellate Court
Civil Court
Zoning
Citation
Case Number: 
2014 IL App (2d) 140098
Decision Date: 
Wednesday, September 3, 2014
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Affirmed.
Justice: 
BIRKETT
(Court opinion corrected 10/3/14.) Plaintiffs own land adjacent to high school football stadium. Plaintiffs objected to School District's decision to build bleachers that violated city zoning and stormwater ordinances as they were too big, too high, and too close to property line. School Board decided to reconstruct and relocate home bleachers but did not notify City or comply with City zoning ordinances. Court properly held that School Board was subject to City ordinances. Requiring conformity to City ordinances does not prevent Board and District from carrying out their duties to provide public education to residents of District. Regulation of zoning and land use of District's property pertains to government and affairs of City. (BURKE and SCHOSTOK, concurring.)