Plaintiff is a corporate entity, located in Village of Bethalto, that operates a local residential nursing home.Another entity had plans to develop a new senior citizen residential, nursing, and memory care facility in Bethalto. Plaintiff filed suit against Village, its mayor, and its trustees, alleging that they must regulate development near St. Louis Airport, and that permission granted to other company violates Village's 2000 comprehensive plan due to proximity to airport. Plaintiff has no injury in fact, and none of the problems it claims would occur if development proceeds would have any direct link to or impact upon Plaintiff. Thus, Plaintiff did not have standing to seek declaratory judgment against Defendants. Comprehensive plan is an advisory document, and not mandatory, and is no longer in effect as a revised version was adopted in 2014. (CATES and MOORE, concurring.)
Illinois Appellate Court
Civil Court
Standing