Neighbors Against A Marijuana Dispensary at 2373-81 Lincoln, Inc. v. Zoning Board of Appeals of the City of Chicago

Plaintiff filed a complaint in the circuit court seeking administrative review of a decision issued by the City of Chicago Zoning Board of Appeals granting a special use permit to a business to operate a cannabis dispensary. The circuit court dismissed the complaint for administrative review and affirmed the board’s decision. The plaintiff argued on appeal that the board denied plaintiff due process and equal protection when it denied a request for a continuance, that the circuit court abused its discretion in denying plaintiff leave to file an amended complaint, that plaintiff had standing to seek administrative review of the board’s decision, and that the circuit court abused its discretion when it declined to remand the matter to the board to further develop plaintiff’s claims of standing. The appellate court affirmed, finding that plaintiff lacked standing and did not exercise due diligence in obtaining the evidence necessary to prove the standing of its members to pursue an administrative action. (FITZGERALD SMITH and HOWSE, concurring)