Musicus v. First Equity Group

Illinois Appellate Court
Civil Court
Zoning; Notice
Case Number: 
2012 IL App (3d) 120068
Decision Date: 
Monday, November 26, 2012
3d Dist.
Henry Co.
Affirmed in part and reversed in part; remanded.
Plaintiff sued for damages relating to City's grant of application for rezoning of property and a special use permit, alleging that notice of public hearing was deficient. Method of notice was sufficient as to City, as notice was provided by newspaper publication to all affected property owners of record within required time frame, and mailed to all affected property owners of record as per county property tax records. However, notice requirements were not satisfied as to real estate developer for pharmacy, as it could easily have verified Plaintiff's home address as set forth in lease, as efforts at notice were not reasonably calculated to actually apprise Plaintiff of public hearing. (LYTTON and McDADE, concurring.)