The Village of Ringwood v. Foster

Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
No. 2-09-0473
Decision Date: 
Wednesday, June 9, 2010
District: 
2d Dist.
Division/County: 
McHenry Co.
Holding: 
Vacated and remanded.
Justice: 
O'MALLEY
(Modified upon denial of rehearing 7/13/10; replaces opinion filed 6/9/10.) Court improperly authorized Defendant village to demolish Defendant's building. Notice provision of Municipal Code requires that owners and lienholders receive notice prior to court's entry of a demolition order. Village ordinance forbids the defendant from conducting repairs because building does not conform to village zoning ordinance, which states that if damage to nonconforming building exceeds 50% of replacement cost of above-ground portion of building, it may not be rebuilt as a nonconforming building; thus, repairs were not reasonable. (JORGENSEN and HUDSON, concurring.)