Plaintiff filed a complaint for declaratory judgment seeking a finding that a purchase and sale agreement between the defendant and a private developer was void because it did not follow state law, that the ordinance approving zoning changes to the property violated the plaintiffs’ procedural and substantive due process rights, and that certain meetings related to the proposed sale and development of the property violated the Open Meetings Act. The trial court dismissed the complaint and plaintiffs appealed. The appellate court affirmed, finding that village had authority as a home rule unit to enter into a purchase and sale agreement and that this did not conflict with the provisions of the Illinois Municipal Code relating to the sale of surplus property, that proper notice was provided of the proposed zoning changes, and that the relief requested by the plaintiffs to void actions taking during the public meetings was not available because the meetings were open and not closed. (LAMPKIN and MARTIN, concurring)
Illinois Appellate Court
Civil Court
Municipal Law