Ryan v. Zoning Board of Appeals of the City of Chicago

Illinois Appellate Court
Civil Court
Zoning
Citation
Case Number: 
2018 IL App (1st) 172669
Decision Date: 
Thursday, November 8, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div,
Holding: 
Reversed and remanded.
Justice: 
McBRIDE

Over Plaintiff's objection, City Zoning Board of Appeals (ZBA) granted a 2.5-inch reduction to the standard 24-inch setback required between the side of Plaintiff's home and the new home next door. Plaintiff filed complaint for judicial review of ZBA's decision. Court erred in dismissing complaint on grounds that caption of her summons listed ZBA and did not expressly include owner of home next door to Plaintiff. Format and contents of summons adequately notified owner of home of pending administrative review action and her opportunity to respond and vested circuit court with personal jurisdiction over her. Caption included "et al.," in lieu of owner's actual name, but it was followed by clear statement on face of summons that owner was a "defendant" to action.(GORDON and REYES, concurring.)