Publications

Illinois Bar Journal
Articles on Zoning

Illinois Zoning Law Six Years after Klaeren By George L. Schoenbeck February 2009 Article, Page 84 Legislation and subsequent cases have resolved some ambiguities in the landmark Klaeren decision while giving rise to others.
Increased number of publicly owned airports considered in Airport Hazard Zoning November 2006 Illinois Law Update, Page 584 The Illinois Department of Transportation has amended part 16 of title 92, 92 Ill Adm Code 16.
TRO not overbroad when predominant use violates zoning ordinance November 2005 Illinois Law Update, Page 564 On August 26, 2005, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of DuPage County issuing a temporary restraining order (TRO) against the defendant landowner because the landowner's business operation constituted an adult business use
Higher standard for challenging special use permits applies prospectively, court says By Helen W. Gunnarsson October 2004 Lawpulse, Page 508 A second district case says the higher due process requirements do not apply retroactively.
Due Process in Zoning Hearings: Guidelines for Complying with the Supreme Court’s Mandate By Ronald S. Cope February 2004 Article, Page 88 The supreme court recently required broader due-process rights for objectors to zoning decisions. Here's how municipalities can comply.
Recent Rulings Could Make Illinois Zoning Hearings More Contentious and Costly By John J. Lawlor July 2003 Article, Page 340 Zoning for special uses and planned developments could become harder than ever; find out why.
Village zoning ordinance excluding home day-care facilities in residential districts impermissibly infringed upon state licensing procedures July 2003 Illinois Law Update, Page 332 On April 17, 2003, the Illinois Supreme Court affirmed the decision of the appellate court that a nonhome rule unit of local government may not use its statutory zoning authority to prevent the operation of a home day-care facility licensed by the Department of Children and Family Services.
Joint hearings on special use permits are quasi-judicial proceedings and interested parties have due process rights to cross-examine adverse witnesses January 2003 Illinois Law Update, Page 14 On October 18, 2002, the Illinois Supreme Court held that interested parties had the due process right to cross-examine adverse witnesses at a joint hearing involving a special use permit.
Litigating a Zoning Case in Illinois By Michael D’Orsi June 2002 Article, Page 300 Here's how to challenge a zoning ordinance on behalf of property owners and developers.
Village’s zoning ordinance excluding day care homes from its boundaries is void because the Illinois Child Care Act and DCFS are sole regulators of child care in the state May 2002 Illinois Law Update, Page 232 On February 8, 2002, the Appellate Court of Illinois, First District, affirmed the partial grant of summary judgment to the plaintiff regarding her complaint against Olympia Fields for preventing her from operating a DCFS-licensed day care out of her home because it violated a village zoning ordinance.