Gurba v. Community High School District No. 155

Illinois Supreme Court
Civil Court
Zoning
Citation
Case Number: 
2015 IL 118332
Decision Date: 
Thursday, September 24, 2015
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Appellate court affirmed.
Justice: 
BURKE
Municipal zoning and storm water ordinances govern a school district's construction of football stadium bleachers on school property. Section 10-22.13a of School Code confers upon a school board the specific power to request zoning changes or variances because it falls within the jurisdiction of the local zoning regulations. City's zoning ordinances do not unduly interfere with educational goals of General Assembly. City's decision not to be notified of building code matters did not waive or diminish City's interest in or authority over zoning and storm water management issues on school-owned property. Health/Life Safety Code does not preempt or limit City's authority over zoning and land use issues within its jurisdiction. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)