Village of Northfield v. BP America, Inc. 

Illinois Appellate Court
Civil Court
Nuisance
Municipalities
Citation
Case Number: 
No. 1-10-0142
Decision Date: 
Tuesday, July 27, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed and remanded.
Justice: 
HOFFMAN
Section 11-31-1 of Municipal Code does not preempt, either expressly or implicitly, Section 11-81 of Village of Northfield Code defining an abandoned gasoline service station as a nuisance. Section 11-60-2 of Municipal Code provided Village with adequate statutory authority to enact that provision in Village Code. Court erred in granting Defendant's motion to reconsider and vacating its prior order that Defendant pay a daily fine of $750 for 21 days, totaling $15,750, for failure to abate the nuisance. (THEIS and KARNEZIS, concurring.)