Mendez v. City of Chicago

Illinois Appellate Court
Civil Court
Municipal Ordinance
Citation
Case Number: 
2023 IL App (1st) 211513
Decision Date: 
Friday, March 31, 2023
District: 
1st Dist.
Division/County: 
1st Div./Cook Co.
Holding: 
Affimed.
Justice: 
LAVIN

Plaintiffs sued the City of Chicago claiming that the city’s shared housing ordinance violated the Illinois Constitution and challenged the provisions of the ordinance relating to home inspections, the primary-residence rule, excessive noise, and banning single-night rentals. The circuit court granted the city’s motion to dismiss and the plaintiffs appealed. The appellate court affirmed, finding that plaintiffs lacked standing to challenge some provisions of the ordinance, that plaintiffs did not exhaust their administrative remedies on other claims, and that other claims failed based on the facts contained in the complaint alone because the city had a rational basis for its disparate treatment of types of property owners. (HYMAN and COGHLAN, concurring)