Publications

Articles on Zoning

Liquor licenses for businesses near churches

May
2015
Illinois Law Update
Page 16
Under this amendatory act, premises located within a municipality with a population exceeding 1,000,000 people and located within 100 feet of a church may be licensed to sell alcoholic liquor as long as...

Illinois Zoning Law Six Years after Klaeren

By George L. Schoenbeck
February
2009
Article
Page 84
Legislation and subsequent cases have resolved some ambiguities in the landmark Klaeren decision while giving rise to others.

Increased number of publicly owned airports considered in Airport Hazard Zoning

November
2006
Illinois Law Update
Page 584
The Illinois Department of Transportation has amended part 16 of title 92, 92 Ill Adm Code 16.

TRO not overbroad when predominant use violates zoning ordinance

November
2005
Illinois Law Update
Page 564
On August 26, 2005, the Illinois Appellate Court, Second District, affirmed the decision of the Circuit Court of DuPage County issuing a temporary restraining order (TRO) against the defendant landowner because the landowner's business operation constituted an adult business use

Higher standard for challenging special use permits applies prospectively, court says

By Helen W. Gunnarsson
October
2004
LawPulse
Page 508
A second district case says the higher due process requirements do not apply retroactively.

Due Process in Zoning Hearings: Guidelines for Complying with the Supreme Court’s Mandate

By Ronald S. Cope
February
2004
Article
Page 88
The supreme court recently required broader due-process rights for objectors to zoning decisions. Here's how municipalities can comply.

Recent Rulings Could Make Illinois Zoning Hearings More Contentious and Costly

By John J. Lawlor
July
2003
Article
Page 340
Zoning for special uses and planned developments could become harder than ever; find out why.

Village zoning ordinance excluding home day-care facilities in residential districts impermissibly infringed upon state licensing procedures

July
2003
Illinois Law Update
Page 332
On April 17, 2003, the Illinois Supreme Court affirmed the decision of the appellate court that a nonhome rule unit of local government may not use its statutory zoning authority to prevent the operation of a home day-care facility licensed by the Department of Children and Family Services.

Joint hearings on special use permits are quasi-judicial proceedings and interested parties have due process rights to cross-examine adverse witnesses

January
2003
Illinois Law Update
Page 14
On October 18, 2002, the Illinois Supreme Court held that interested parties had the due process right to cross-examine adverse witnesses at a joint hearing involving a special use permit.

Litigating a Zoning Case in Illinois

By Michael D’Orsi
June
2002
Article
Page 300
Here's how to challenge a zoning ordinance on behalf of property owners and developers.

Village’s zoning ordinance excluding day care homes from its boundaries is void because the Illinois Child Care Act and DCFS are sole regulators of child care in the state

May
2002
Illinois Law Update
Page 232
On February 8, 2002, the Appellate Court of Illinois, First District, affirmed the partial grant of summary judgment to the plaintiff regarding her complaint against Olympia Fields for preventing her from operating a DCFS-licensed day care out of her home because it violated a village zoning ordinance.

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