(Court opinion corrected 7/2/18.) Plaintiffs, 2 not-for-profit organizations, filed suit for declaratory and injunctive relief to preclude development of Iliana tollway, in an effort to protect Midewin National Tallgrass Prairie and other natural resources they claimed would be adversely impacted by the project. Plaintiffs alleged that Chicago Metro Planning Agency Board violated Regional Planning Act by failing to adopt a regional transportation decision-making process to ensure that all plans were approved by that Board prior to final approval by MPO (Metropolitan Planning Organization) Policy Committee. Such prior approval is directory, not mandatory. Under the Act, all transportation plans require first and final approval only by the MPO. (FITZGERALD SMITH and HOWSE, concurring.)
Illinois Appellate Court
Civil Court
Transportation