Section Newsletters

Articles on Zoning

Case summaries By James Ferolo, Sonni Choi Williams, Rita Elsner, John Foltz, Phillip B. Lenzini, Joshua Herman, & Matt Dionne Local Government Law, March 2017 Recent cases of interest to local government law practitioners.
Case summaries Local Government Law, May 2014 Recent cases of interest to local government law practitioners.
Case summaries By Rita Elsner, Sonni Choi Williams, & Matthew S. Dionne Local Government Law, April 2014 Recent cases of interest to local government law practitioners.
Recent litigation Local Government Law, January 2014 Recent decisions of interest to local government law practitioners.
Rezoning farmland—Yet another pitfall identified By David Hoff Agricultural Law, December 2012 A look at the recent case of Guth v. Tazewell County, et al.
Seventh Circuit analyzes causation in a zoning case—is delay compensable? By Lisle A. Stalter Federal Civil Practice, December 2012 The recent case of Guth v. Tazewell County considered whether delay in granting rezoning relief created liability for a local government.
Municipal and county zoning and public school districts By Kurt P. Froehlich Local Government Law, May 2012 In an Opinion, the Illinois Attorney general recently concluded that “public school districts are subject to municipal and county zoning ordinances, except to the extent that compliance...would frustrate a school district’s statutory objectives.”
Case notes and civil case summaries Local Government Law, June 2011 Recent cases of interest to local government lawyers.
Passalino—Round two in the Supreme Court By John H. Brechin Local Government Law, June 2010 On April 22, 2010, the December judgment in Passalino v. City of Zion was modified while re-hearing concurrently was denied.
Zoning—Appropriate Standard of Review By John H. Brechin Local Government Law, June 2010 In reviewing the case of Our Savior Evangelical Lutheran Church v. Saville, the Second District Appellate Court may have provided the last necessary answer to the question of the appropriate standard of review for a zoning decision.
Zoning—What notice is sufficient to satisfy due process? By John H. Brechin Local Government Law, May 2010 In a recent decision, the Illinois Supreme Court held that the notice provided by the City of Zion in this zoning case did not satisfy due process requirements pursuant to the Illinois Municipal Code.
Zoning—Disapproval of development—When is it ripe for judicial review? By John H. Brechin Local Government Law, December 2009 LaSalle Bank National Association v. City of Oakbrook Terrace involved a zoning dispute between the parties. 
Good news for adult use zoning restrictions By Peter Friedman Local Government Law, March 2009 The 7th Circuit significantly advanced an already growing line of judicial authority and common sense that rejects the notion that each and every government zoning authority must provide space within its borders for adult uses.
Zoning law: A look inside By George L. Schoenbeck Young Lawyers Division, February 2009 This article provides fellow young lawyers practicing commercial transactions and real property law, as well as other lawyers who are curious about zoning, with an overview of what the author has found to be the key competencies of a zoning attorney.
Zoning vested rights By John H. Brechin Local Government Law, September 2008 The 1st District Appellate Court reviewed the principles of zoning vested rights in an expansive 26-page opinion of Cribbin v. City of Chicago.
Proper standard of review for Constitutional claims against zoning enactments By John H. Brechin Local Government Law, July 2008 The Illinois Supreme Court, on June 5, 2008 issued its opinion in the case of Napleton v. Village of Hinsdale.
Court confusion regarding challenges to municipal land use decisions By Mark A. Austill Administrative Law, January 2008 On September 24, 2007, the First District Appellate Court rendered its opinion in Chicago Title Land Trust Co. v. Board of Trustees of Village of Barrington, 2007 WL 2769250 (App. Ct., 1st Dist. 2007).
Legislative update: Ten new Public Acts that affect general practice By J.A. Sebastian General Practice, Solo, and Small Firm, November 2007 The following is a summary of recent legislative action of interest to members of the ISBA General Practice, Solo, and Small Firm Section.
Zoning By John H. Brechin Local Government Law, January 2007 Recent cases related to zoning.
Zoning and religious uses—Vision Church v. Village of Long Grove By John H. Brechin Local Government Law, December 2006 Vision Church was an Illinois religious corporation whose membership totaled approximately 120 persons. Prior to 1999, Vision was located in Park Ridge but began looking for a new church site, and expecting its membership to grow significantly, desired a larger facility.
Recent changes in zoning law: Klaeren and SB 94—What was, what recently had been, and what will be By Victor P. Filippini, Jr. Local Government Law, November 2006 Editor’s Note: Public Act 94-1027 shifts Illinois back to where it was prior to the Klaeren and subsequent decisions.
Recent decisions of interest By John H. Brechin Local Government Law, May 2006 Plaintiff’s employment as a County Sheriff’s corrections officer was terminated effective May 23, 2003.
Public hearings on zoning matters following the Klaeren decision By Ted M. Niemann & Melinda S. Madison Real Estate Law, April 2006 In People ex rel. Klaeren v. Village of Lisle, the Illinois Supreme Court entered a decision that forever changes the procedure in public zoning hearings before municipal bodies.
Case notes By John H. Brechin Local Government Law, August 2005 Bensenville notified Plaintiff of its intent to enforce the amortization provisions of its zoning ordinance, reasoning that Plaintiff's use of the property as a wrecking yard was a non-conforming use.
Current legislation By John H. Brechin Local Government Law, July 2005 Over 6,100 Bills were filed in the current session of the General Assembly.
Recent zoning cases decided under RLUIPA By Michael T. Jurusik Local Government Law, September 2004 The Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. Sec. 2000cc et seq.) ("RLUIPA") is designed to protect individuals, religious assemblies and institutions (churches, mosques and synagogues) from zoning and landmarking laws that substantially interfere with their exercise of religion, including the use of land and buildings for religious purposes.
A year later: Klaeren v. Lisle and the troubles it has wrought By Victor P. Filippini, Jr. Local Government Law, March 2004 This article will re-examine the supreme court's analysis of the legislative zoning scheme to determine whether the court's revolutionary zoning decision inadvertently re-wrote the Illinois zoning enabling acts.
Nuisance and zoning issues that might be coming to a courthouse near you By Jeffrey A. Mollet Agricultural Law, February 2004 It seems that nuisance actions and zoning issues are the current hot topic for real estate lawyers practicing where rural America and the so-called advanced civilization of the big city meet.
Attorney General issues opinions affecting units of local government By Lynn Patton Local Government Law, December 2003 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Beyond Klaeren—The even newer world of zoning By John H. Brechin Administrative Law, September 2003 The March 2003 edition of the Local Government Law newsletter included two articles on the recent decisions by the Supreme Court in Klaeren1 and the Second District Appellate Court in Gallik.2  

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