Scott v. City of Chicago

(Court opinion corrected 4/2/15.) Two neighboring homeowners brought action to challenge city council's decision to rezone property from retail zoning to planned development allowing for mixed use 13-story building with 267 multi-family units. Plaintiffs' pre-suit notice did not satisfy municipal statutes. Plaintiffs' search of "authentic tax records" to give notice to other property owners was incomplete and not in strict compliance with notice statutes, and Plaintiffs failed to give notice to owners of tax exempt properties. Point for determining properties to be given pre-suit notice was "location" of subject property to be rezoned, not its common address. Strict compliance with pre-suit notice provision is required; substantial compliance is not adequate. (PALMER, concurring; GORDON, specially concurring.)