Village of Willow Springs v. Village of Lemont

Illinois Appellate Court
Civil Court
Zoning
Citation
Case Number: 
2016 IL App (1st) 152670
Decision Date: 
Monday, December 19, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
MIKVA

Village sought to enjoin its neighboring village from approving a zoning reclassification and a proposed property development. Court properly dismissed complaint, as Plaintiff village lacked standing to contest zoning reclassification, which had been approved by time of circuit court's ruling, and lacked standing at that time to challenge remainder of development application which Defendant village had not yet approved. Challenge to enjoin future action and prospectively prevent village approval was improper, as challenges are more properly made to a law's enforcement once it has been enacted. Count alleging that property was a pub lic nuisance was properly dismissed as it failed to allege sufficient facts warranting injunction. (CONNORS and HARRIS, concurring.)