Tipton v. Madison County, Illinois

Illinois Appellate Court
Civil Court
Zoning
Citation
Case Number: 
2015 IL App (5th) 140186
Decision Date: 
Monday, June 22, 2015
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed.
Justice: 
CHAPMAN
Plaintiff built a 60 x 128-hoot pole barn on his property, which was zoned for agricultural use. Plaintiff intended to use building to store equipment for use in his off-site concrete construction business. County Board denied application of Plaintiff to change zoning of his property to a planned business district. Plaintiff failed to exhaust his administrative remedies related to determination of County planning and development officials that Plaintiff's use of property was prohibited under county ordinance, as he failed to seek review of that determination. It is reasonable for zoning officials to take into account the area's trend toward residential development, and record shows ample evidence that Plaintiff's proposed use would be inconsistent with use of surrounding properties. (CATES and SCHWARM, concurring.)