Paul v. County of Ogle

Illinois Appellate Court
Civil Court
Standing
Citation
Case Number: 
2018 IL App (2d) 170696
Decision Date: 
Thursday, May 10, 2018
District: 
2d Dist.
Division/County: 
Ogle Co.
Holding: 
Reversed and remanded.
Justice: 
SCHOSTOK

County granted Defendants a special-use permit to operate a "motor carrier facility" to store garbage trucks and dumpsters on Defendants' property, located adjacent to and 1250 feet away from Plaintiffs' property. Complaint contains allegations of harm specific to Plaintiffs' properties, and thus adequately pleads that Plaintiffs will suffer damages different from those of the public generally. As the ordinance itself is fact-specific, Plaintiffs' challenge to it is properly fact-specific. Plaintiffs' allegations include ultimate facts, including that value of Plaintiffs' property will be diinshed by proposed use, in specific ways. Court erred in dismissing Plaintiffs' complaint.(ZENOFF and BURKE, concurring.)