Village filed complaint against church to require it to repair a building, built in 1849, which church owned, had become uninhabitable and unsafe; church had asked Village for permission to demolish it to allow for additional parking. Court erred in dismissing church's counterclaim that Village's refusal to authorize demolition of building imposed substantial burden on church in violation of federal Religious Land Use and Institutionalized Persons Act. Exhaustion of remedies does not apply as court proceedings were instituted by local authorities. Court erred in dismissing church's counterclaim on grounds of Section 2-615, as is sufficiently stated several claims and was not barred on failure-to-exhaust grounds. (BURKE and BIRKETT, concurring.)
Illinois Appellate Court
Civil Court
Administrative Law