Sullivan v. Village of Glenview

Plaintiff homeowners filed declaratory judgment action to invalidate a 1988 municipal ordinance which Plaintiffs claimed to pave the way for rezoning of property adjacent to their homes from residential to commercial.  Court erred in dismissing complaint as time-barred, based on a 90-day limitations provision in the Municipal Code that governs challenges to municipal zoning “decisions.” Ordinance  unambiguously left the rezoning decision for later, in the hands of the Board of Trustees, should the landowner choose to apply for it. As the 1988 ordinance was not a “decision” to rezone, limitations provision in Municipal Code are inapplicable. Suit is not time-barred. (HOWSE and COBBS, concurring.)