Gurba v. Community High School Dist. No. 155

This case presents question as to whether trial court properly granted plaintiffs-property owners’ motion for summary judgment in action seeking to privately enforce City’s zoning and stormwater ordinances as they applied to defendant-school district’s decision to reconstruct bleachers in one of its high school football stadiums that adjoined plaintiffs’ property. Appellate Court, in affirming trial court, found that instant construction project was subject to City’s zoning and stormwater ordinances and rejected defendant’s claim that under Ill. Constitution and School Code, City’s power of zoning and stormwater ordinances stopped at border of school’s property, and that issuance of building permit by regional school superintendent negated any need to obtain special use permit under said ordinances.