Complaint filed to halt demolition of county courthouse. After building new courtrooms and other judicial facilities as annex to county jail, Defendants county board and county public building commission (PBC) entered into intergovernmental agreement to demolish courthouse. To complete demolition, Defendants must obtain permit from Illinois EPA (IEPA) to discharge stormwater at the demolition site. Illinois Department of Natural Resources (IDNR) determined that courthouse is eligible for listing on National Register of Historic Places and thus is a "historic resource" with protections under Illinois State Agency Historic Resources Preservation Act. IEPA directed Defendants to halt planned demolition until consultation process with IPEA, to discuss alternatives to demolition. Defendants announced their intention to proceed with demolition immediately. Appellate court granted Plaintiffs' emergency petition for stay and for TRO. Plaintiffs sufficiently alleged that IEPA's permitting process triggers application of Preservation Act to demolition. Chief Judge's order directing Defendants to demolish courthouse, issued after IDNR directed Defendants to stop demolition, cannot prevent application of Preservation Act, and was procedurally deficient as it was entered without hearing and without opportunity for anyone to challenge it. Demolition proposed would not violate Commission Act, and is within PBC's existing purpose. (CARTER and SCHMIDT, concurring.)
Illinois Appellate Court
Civil Court
Historic Preservation