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Chapter 1 — Land Use Process: Governmental Bodies and Jurisdiction - I. [1.1] Introduction
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II. [1.2] Traditional Land Use Controls - III. [1.6] Statutory Framework
- [1.7] Home-Rule Powers
- Planning Authority
- [1.8] County and Regional Planning Powers
- [1.9] Municipal Planning Powers
- [1.10] Reasons for Adopting a Plan
- [1.11] Governmental Bodies and Public Officials
- [1.12] Plan Commissions and Planning Developments
- [1.13] Zoning Commissions
- [1.14] Zoning Administrator
- [1.15] Zoning Board of Appeals
- [1.16] Hearing Officers
- [1.17] Corporate Authorities and the Executive
- [1.18] Miscellaneous Commissions
- [1.19] Constitutional Limitations
- IV. [1.20] Incorporated vs. Unincorporated
- V. [1.28] Additional Land Use Concerns and Authorities
- [1.29] Storm Water, Flood Control, and Wastewater Management
- [1.30] Architectural Control
- [1.31] Historic Preservation
- [1.32] Federal Land Use Controls
- [1.33] Wetlands Regulation and Navigable Waters
- [1.34] Telecommunications Facilities
- [1.35] Land Use near Airports
- [1.36] Religious Land Use; Voting Rights Act
- [1.37] Jurisdiction of Miscellaneous Governmental Bodies
- [1.38] Private Controls: Restrictive Covenants and Property Owner Associations
- [1.39] Eminent Domain
- Chapter 2 — Zoning Controls — Regulating Land Use
- I. [2.1] Scope of Chapter
- II. Authority/Power To Zone
- III. [2.4] Zoning Types, Techniques, and Concepts
- [2.5] Districting
- [2.6] Use Regulations
- [2.7] Exclusion of Named Uses
- [2.8] Lot Size and Bulk Regulations
- [2.9] Accessory Regulations
- [2.10] Specialized Types of Zoning
- [2.11] Urban Renewal Districts
- [2.12] Agricultural Zoning Districts
- [2.13] Industrial Zoning — Performance Standards
- [2.14] Variances
- [2.15] Flexible Zoning Techniques
- [2.16] Clustering
- [2.17] Density Zoning
- [2.18] Floating Zones
- Special Uses
- [2.19] Authority
- [2.20] Purpose of the Special-Use Technique
- [2.21] Standards and Findings
- [2.22] Procedures — People ex rel. Klaeren v. Village of Lisle
- The Planned Unit Development
- [2.23] Definition
- [2.24] Usage in general
- [2.25] Nature of a planned unit development
- [2.26] The planned unit development and the floating zone
- [2.27] Bonuses
- [2.28] Architectural control
- [2.29] Example of planned unit development standards
- IV. Miscellaneous Zoning Topics
- V. Limitations on Zoning
- [2.36] In General
- The Limitations Defined — LaSalle National Bank and the Power of Eminent Domain
- [2.37] LaSalle National Bank and Sinclair Pipe Line Co.
- [2.38] Toward a Takings Definition
- [2.39] Regulations That Cause an Invasion
- [2.40] Regulations That Limit Use of Property
- [2.41] Temporary Takings also Recognized
- [2.42] Ripeness of Takings Claims
- [2.43] Regulatory Takings in Illinois
- Limitations on the Decision-Making Procedure and Implementation of Zoning Regulations
- [2.44] Delegation of Legislative Authority
- [2.45] Frontage Consent Requirements
- [2.46] Comprehensive Plan
- [2.47] Spot Zoning
- Other Federal Decisions and Restrictions
- [2.48] Religious Discrimination
- [2.49] Due Process — The Fifth Amendment
- [2.50] Antitrust Law
- [2.51] Reasonable Accommodation
- VI. Rezoning
- [2.52] In General
- [2.53] Statutory and Home-Rule Powers To Rezone
- [2.54] Judicial Standards and Requisites for Rezoning
- [2.55] Same Thought and Effort as Put into Preparation of Original Zoning Ordinance
- [2.56] Advancement of Public or General Welfare
- [2.57] Desires of Nearby Property Owners for or Against Proposed Rezoning
- [2.58] The Importance of Traffic in the Rezoning Process
- [2.59] Creation of Nonconforming Uses by Rezoning
- [2.60] Conditional or Contract Zoning
- [2.61] Downzoning or Inverse Condemnation
- Chapter 3 — Variations, Special Uses, and Appeals from Administrative Decisions
- I. [3.1] Introduction
- II. [3.2] Statutory and Home-Rule Authority
- III. Administration of the Zoning Ordinance
- The Zoning Administrator
- [3.3] Appointment and Authority
- Duties of Administrator
- [3.4] Application for Zoning Compliance Certificate
- [3.5] Zoning Violations
- [3.6] Occupancy Permits
- [3.7] Zoning Text, Zoning Map, and Comprehensive Plan
- [3.8] Zoning Information
- [3.9] Rules of Zoning Ordinance Interpretation
- [3.10] Errors in Zoning Administration
- The Zoning Board of Appeals
- [3.11] Members and Voting
- [3.12] Functions of the Zoning Board of Appeals
- [3.13] Interpretation of the Zoning Ordinance by the Board of Appeals
- [3.14] The Plan Commission
- [3.15] Impartiality of the Hearing Body
- IV. Variations
- [3.16] Legal Standards for the Consideration of Variations
- [3.17] Conditions Appended to a Variation
- [3.18] Notice of Variation Hearing
- [3.19] Conduct of the Public Hearing
- [3.20] Findings of Fact
- [3.21] Judicial Review of Variation Decisions
- [3.22] Parties Who May Seek Judicial Relief
- [3.23] Initiating the Administrative Review Action
- [3.24] Scope of Judicial Review
- [3.25] Exhaustion of Administrative Remedies
- [3.26] Judicial Review of Variation Decisions Made by the Corporate Authorities
- V. Special Uses
- [3.27] Special-Use Procedures
- [3.28] Special-Use Standards
- [3.29] Conditions Appended to the Special-Use Permit
- [3.30] Planned Unit Developments
- [3.31] Notice of Special-Use Hearing
- [3.32] Conduct of the Public Hearing
- [3.33] Findings of Fact
- [3.34] Judicial Review of Special-Use Decisions
- [3.35] Public Necessity
- [3.36] Traffic Concerns/Public Services
- [3.37] Detrimental Effects on Existing Uses
- VI. [3.38] Hearing Procedures
- VII. [3.39] Zoning Regulations Affecting Other Public Bodies
- VIII. [3.40] Federal Statutory and Constitutional Law Impacting Zoning Decisions
- IX. Appendix
- Chapter 4 — Subdivisions
- I. [4.1] Scope of Chapter
- II. Considerations Relative to Suitability of the Property for Subdivision
- [4.2] In General
- [4.3] Comprehensive Plan and Map; Zoning; Vested Rights Doctrine; Planned Unit Development Requirements
- [4.4] Annexation Agreements
- [4.5] Intergovernmental Agreements
- [4.6] Restrictions on Land
- [4.7] Conditions Precedent
- [4.8] Soil Conditions
- [4.9] Floodplains and Wetlands
- [4.10] Storm Water
- [4.11] Drainage Adjacent to County Roads
- [4.12] Groundwater
- [4.13] Endangered Species
- [4.14] Historic Preservation
- III. When Is a Subdivision Plat Required?
- IV. [4.20] Relationship of Planned Unit Developments and Subdivision Plats
- V. Statutory Authority for Subdivision Control Ordinances
- VI. Steps in Plat Review and Approval
- VII. Required Subdivision Improvements
- VIII. Additional Burden on Other Public Facilities
- IX. Covenants and Restrictions as Part of Plat
- X. Vacation of Subdivisions and Re-Platting
- XI. [4.41] Conclusion
- XII. Appendix — Sample Forms
- Chapter 5 — Environmental Controls
- I. [5.1] Introduction
- II. Federal Legislation
- [5.2] National Environmental Policy Act of 1969
- [5.3] Department of Housing and Urban Development
- [5.4] Department of Transportation
- [5.5] Federal Aviation Administration
- [5.6] Environmental Protection Agency
- [5.7] Army Corps of Engineers
- [5.8] Rivers and Harbors Appropriation Act of 1899
- Legislation Affecting Source Discharges to a Waterway
- [5.9] Grants to Publicly Owned Treatment Works
- [5.10] Restrictions on Sewer Hookups to Treatment Works
- [5.11] Area-Wide Waste Treatment Planning
- [5.12] Water Quality Act of 1987
- [5.13] Clean Air Act
- [5.14] Resource Conservation and Recovery Act of 1976
- [5.15] The Comprehensive Environmental Response, Compensation, and Liability Act of 1980
- III. State Legislation
- [5.16] Overview
- Air Pollution
- [5.17] Statutory Provisions
- [5.18] IPCB Rules and Regulations
- [5.19] Permits
- Water Pollution
- [5.20] Statutory Provisions
- [5.21] IPCB Rules and Regulations
- [5.22] Permits
- [5.23] Public Water Supplies
- Land Pollution and Refuse Disposal
- [5.24] Statutory Provisions
- [5.25] IPCB Rules and Regulations
- [5.26] Permits
- [5.27] Landfill Siting
- [5.28] Brownfields Regulations
- [5.29] Underground Storage Tanks
- [5.30] Environmental Reclamation Liens
- [5.31] Noise
- [5.32] Enforcement of the Environmental Protection Act, IPCB Rules and Regulations, and Permits
- [5.33] Variances
- [5.34] Penalties
- [5.35] Common-Law Actions Preserved
- Preemption of Local Regulation
- [5.36] Home-Rule and Non-Home-Rule Bodies
- [5.37] Soil and Water Conservation
- [5.38] Use of Pesticides
- [5.39] Litter Control
- [5.40] Conservation and Reclamation of Surface-Mined Land
- [5.41] 100-Year Floodway
- IV. [5.42] Conclusion
- Chapter 6 — Impact Fees
- I. [6.1] Chapter Parameters
- II. Summary of Exaction Concept
- III. [6.4] Impact Fees
- IV. Legal Issues Related to Impact Fees
- [6.8] General Legal Basis of Impact Fees
- [6.9] Regulatory Measure or Invalid Tax
- [6.10] Authority To Impose Impact Fees
- Express Statutory Authority
- [6.11] Illinois Impact Fee Enabling Acts
- [6.12] Road Improvement Impact Fee Law
- [6.13] Statutorily Implied Authority; The Police Power
- [6.14] Home-Rule Powers
- [6.15] The Four Standards of Reasonableness
- [6.16] Reasonable Relationship Test
- [6.17] Specifically and Uniquely Attributable Test
- [6.18] Rational Nexus Test
- [6.19] Rough Proportionality Test
- Federal Constitutional Concerns
- Due Process
- [6.20] Substantive Due Process
- [6.21] Procedural Due Process
- [6.22] Equal Protection
- [6.23] Takings
- [6.24] Impact Fee Ordinances After Nollan and Dolan
- V. [6.25] Exactions for Schools Upheld
- VI. [6.26] Annexation Agreements and Development Agreements
- VII. [6.27] Some Economic Considerations
- VIII. [6.28] Calculating the Fees
- Chapter 7 — Judicial Review
- I. [7.1] Scope of Chapter
- II. Standing To Challenge or Enforce Zoning Ordinances
- [7.2] Contract Purchaser, Property Owner, or Party in Possession Attacking Validity
- [7.3] Neighboring Property Owner Must Show Some Unique Damage To Challenge Ordinance
- [7.4] Neighboring Property Owner Intervening To Sustain Ordinance
- [7.5] Standing of Municipalities
- [7.6] Municipality Has Standing To Challenge Its Own Board of Appeals
- [7.7] Standing of School District
- [7.8] Standing of Objector at Administrative Hearing
- [7.9] On Administrative Review All Persons Who Were Parties to Administrative Proceeding Must Be Named
- [7.10] Standing of Property Owner Who Buys Property in Face of Existing Zoning
- [7.11] Mere Economic Loss as Result of Competition Permitted by Zoning Change Is Insufficient To Confer Standing
- [7.12] Property Owner May Enforce Ordinances
- III. Exhaustion of Administrative Remedies
- [7.13] Final Decision of Board Reviewable by Administrative Review Law
- [7.14] Record Made Before Local Zoning Board on Administrative Review
- [7.15] Board Does Not Decide Issues of Law
- [7.16] Bright Doctrine — Exhaust Local Remedies
- [7.17] Application for Amendment as Exhaustion of Remedies
- [7.18] Administrative Review Does Not Apply When Corporate Authorities Make Final Decision
- [7.19] Property Owner Need Not Apply for Relief Certain To Be Denied
- [7.20] Independent Court Action Not Precluded by Application for Administrative Relief
- [7.21] Findings of Fact
- [7.22] Administrative Relief Envisions Fair Hearing
- [7.23] Administrative Agency May Have No Authority To Grant Rehearing
- IV. Forms of Action
- [7.24] Action by Municipalities To Enforce Ordinance
- [7.25] Action by Property Owner To Enforce Ordinance
- [7.26] Action to Review Zoning Decision by a Municipality, County, or Township
- Petition for Order of Mandamus
- [7.27] In General
- [7.28] Change of Position in Reliance on Prior Zoning or Issuance of Permits
- [7.29] Mandamus Action Must Show Clear Legal Right to Relief
- [7.30] Declaratory Judgment Action and Action To Quiet Title
- [7.31] Action Under Federal Law
- [7.32] Fair Housing
- [7.33] Causes of Action Under 42 U.S.C. §1983
- [7.34] First Amendment — Adult Uses
- [7.35] Action for Inverse Condemnation
- [7.36] United States Supreme Court Opinions
- [7.37] Keystone Bituminous Coal Ass’n v. Benedictus
- [7.38] First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, California
- [7.39] Nollan v. California Coastal Commission
- [7.40] Lucas v. South Carolina Coastal Council
- [7.41] Dolan v. City of Tigard
- [7.42] Lingle v. Chevron U.S.A., Inc.
- [7.43] Seventh Circuit and Illinois Opinions
- [7.44] Right to Jury Trial in an Inverse Condemnation Case
- [7.45] Action for Damages
- [7.46] Antitrust Liability
- V. Klaeren and Judicial Review Under §11-13-25
- VI. [7.50] Home-Rule Municipality Need Not Follow Its Own Ordinances
- VII. [7.51] Form of the Order — Role of the Courts
- VIII. Issues in Determining Validity of Classification
- IX. Form of Complaint and Answer
- [7.59] Answer in Administrative Review
- Complaint
- [7.60] Elements in Complaint
- [7.61] Allegations Regarding Comprehensive Planning
- [7.62] Allegations Regarding Need or Demand for Requested Classification
- [7.63] Inclusion of Demonstrative Exhibits
- [7.64] How To Allege Exhaustion of Local Remedies
- [7.65] Laches as a Defense in a Zoning Case
- X. [7.66] Discovery
- XI. Trial Preparation
- XII. Conduct of the Trial
- XIII. [7.80] Settlements and Consent Orders
- XIV. [7.81] Appendix — Sample Forms
- Chapter 8 — Litigation of a Zoning Case
- I. [8.1] Scope of Chapter
- II. Causes of Action in a Zoning Case
- [8.2] In General
- [8.3] Declaratory Judgment
- [8.4] Statutory Authority/Necessary Elements
- [8.5] Forms/Checklists
- [8.6] Examples in Caselaw
- [8.7] Injunctions
- [8.8] Statutory Authority/Necessary Elements
- [8.9] Forms/Checklist
- [8.10] Examples in Caselaw
- [8.11] Mandamus
- [8.12] Statutory Authority/Necessary Elements
- [8.13] Forms/Checklist
- [8.14] Examples in Caselaw
- [8.15] Specific Performance
- [8.16] Statutory Authority/Necessary Elements
- [8.17] Examples in Caselaw
- [8.18] 65 ILCS 5/11-13-25, 55 ILCS 5/5-12012.1, and 60 ILCS 1/110-50.1 Are Not Separate Causes of Action
- [8.19] Statutory Authority/Necessary Elements
- [8.20] Examples in Caselaw
- [8.21] Disconnection
- [8.22] Statutory Authority/Necessary Elements
- [8.23] Forms
- [8.24] Examples in Caselaw
- [8.25] Involuntary Annexation
- [8.26] Statutory Authority/Necessary Elements
- [8.27] Examples in Caselaw
- [8.28] Shifting the Risk
- [8.29] Attorneys’ Fees/Monetary Damages
- [8.30] Threat to a Government’s Authority
- [8.31] Invalidation of Ordinances of General Applicability
- [8.32] Civil Rights Claims Brought in the Federal Courts
- III. Initiating the Litigation
- [8.33] In General
- [8.34] Freedom of Information Act
- [8.35] Choosing Experts
- [8.36] The Complaint
- [8.37] Exhibits
- [8.38] Motion Practice
- [8.39] Discovery
- [8.40] Interrogatories/Requests for Document Production
- [8.41] Requests To Admit
- [8.42] Rule 213(f) Disclosures
- [8.43] Depositions
- [8.44] Motions in Limine
- [8.45] Meeting One’s Burden
- [8.46] Trial
- [8.47] Final Judgment Order
- IV. Defending the Litigation
- V. Municipal Remedies/Causes of Action Against Landowners/Developers
- VI. Third-Party Complaints
- [8.60] In General
- [8.61] Remedies
- [8.62] Actions To Enforce Ordinance — Adjacent Landowners Statute
- [8.63] Summary of Cases Brought by Third-Party Challengers
- [8.64] Standing and Jurisdictional Issues in Connection with Third-Party Objector Cases
- [8.65] Intervention
- [8.66] Anti-SLAPP Lawsuits
- [8.67] Choosing Experts
- [8.68] The Complaint
- [8.69] Motion Practice
- [8.70] Discovery
- [8.71] Municipal/Landowner Defenses to Third-Party Lawsuits
- VII. Settlement and Compromise
- VIII. Appendix — Sample Forms
- [8.75] Complaint for Declaratory Judgment Initiated by a Property Owner
- [8.76] Verified Complaint for Mandamus
- [8.77] Petition for Disconnection
- [8.78] Rule 213(f)(3) Disclosure for a Controlled Expert Witness Land Planner
- [8.79] Agreed Final Judgment Order
- [8.80] Municipal Ordinance Enforcement Complaint
- Chapter 9 — Processing a Land Use Application from Submission to Administrative or Legislative Decision
- I. [9.1] Scope of Chapter
- II. Structure
- III. Process
- [9.6] In General
- [9.7] Application
- [9.8] Internal Administrative Process
- [9.9] Notice
- [9.10] Hearings and Meetings
- [9.11] Public Hearings
- [9.12] Public Meetings
- [9.13] Neighborhood Meetings
- [9.14] Decision
- [9.15] Post-Decision
- [9.16] Judicial Review
- [9.17] Less Precise Standards
- [9.18] Presumptively Valid Decisions
- [9.19] Decisions Tried de Novo
- [9.20] Decisions Tried on the Record
- Chapter 10 — Processing a Land Use Application in the City of Chicago
- I. [10.1] Introduction
- Analyzing the Development
- [10.2] Scope of the Building Program
- [10.3] Limitations of the Zoning District
- [10.4] Site Constraints
- [10.5] Choice of Remedies or Relief
- [10.6] Appeals
- [10.7] Variations
- [10.8] Special Uses
- [10.9] Administrative Adjustments (Exceptions)
- [10.10] Amendments to the Zoning Ordinance
- [10.11] Map Amendment
- [10.12] Text Amendments
- [10.13] Planned Developments — Optional and Required
- The Application for Relief or Approval
- [10.14] Necessity of Asking for All Relief
- [10.15] Notice Letter
- [10.16] Strategies for Gaining Support
- [10.17] The Media
- [10.18] Negotiations
- [10.19] Presentation
- [10.20] Summary
- II. Zoning Amendment Applications
- [10.21] Zoning Map Amendments (Rezonings)
- Application Requirements
- [10.22] Filing
- [10.23] Additional Filing Requirements for Type I Applications
- [10.24] Public Hearing Notices
- [10.25] Review and Decision-Making Criteria
- [10.26] Recommendations of Zoning Administrator
- [10.27] Hearings
- Type I Approval
- [10.28] Compliance with Development Plan
- [10.29] Lapse of Approval
- [10.30] Zoning Map Amendments Within Industrial Corridors
- Planned Development
- [10.31] Purpose
- Scope
- [10.32] Mandatory Planned Development Thresholds
- [10.33] Elective Planned Development Thresholds
- [10.34] Application Requirements
- Review and Approval Procedures
- [10.35] Interaction with Department of Housing and Economic Development
- Standards and Guidelines
- [10.36] Use, bulk, density, and intensity
- [10.37] Other regulations
- [10.38] Other guidelines
- [10.39] Other Agency Approvals
- [10.40] Recommendations of Zoning Administrator
- [10.41] Hearings
- [10.42] Effect of Planned Development Approval
- [10.43] Minor Changes and Amendments
- [10.44] Lapse of Approval
- III. Zoning Board of Appeals Applications
- Special Use
- [10.45] Scope
- Approval Criteria
- [10.46] Standards
- [10.47] Recommendation of the Zoning Administrator and Conditions of Approval
- [10.48] Hearing
- [10.49] Action/Inaction by Zoning Board of Appeals
- [10.50] Lapse of Approval
- [10.51] Amendments to Special Uses
- [10.52] Variations
- [10.53] Scope — Authorized Variations
- [10.54] Approval Criteria and Review Factors
- [10.55] Hearing, Approval, and Lapse of Approval
- Appeals
- [10.56] Scope
- [10.57] Application Requirements and the Effect of Filing
- [10.58] Approval Criteria and Hearing
- IV. Administrative Adjustment (Exception) Applications
- V. [10.63] Applications Under the Lake Michigan and Chicago Lakefront Protection Ordinance
- VI. Site Plan Review
- VII. Appendix — Sample Forms
- [10.72] Application for Special Use, Variation, or Appeal
- [10.73] Notice of Appeal
- [10.74] Zoning Board of Appeals Checklist — Special Use
- [10.75] Zoning Board of Appeals Checklist — Variation
- [10.76] Zoning Board of Appeals Checklist — Appeal
- [10.77] Administrative Adjustment Application Packet
- [10.78] Denial of Zoning Certification
- [10.79] Planned Development Part I Submittal Requirements
- [10.80] Affidavit of Posting
- Chapter 11 — Glossary of Zoning Terms
- I. Introduction
- II. Zoning Terms
- Density
- [11.3] Overview
- [11.4] Model Definitions — Density
- Bulk Regulations
- [11.5] Overview
- [11.6] Model Definitions — Bulk Regulations
- Zoning Lots, Blocks, and Rights-of-Way
- [11.7] Overview
- [11.8] Model Definitions — Zoning Lots and Lot Characteristics
- [11.9] Model Definitions — Zones and Districts
- Buildings and Structures
- [11.10] Overview
- [11.11] Model Definitions — Types of Buildings and Structures
- [11.12] Model Definitions — Procedures and Personnel
- [11.13] Model Definitions — Use Regulations
- Residential Uses and Living Arrangements
- [11.14] Overview
- [11.15] Model Definitions — Dwellings
- [11.16] Model Definitions — Family
- [11.17] Model Definitions — Communal Living
- [11.18] Model Definitions — Affordable Housing
- Adult Entertainment Uses
- [11.19] Overview
- [11.20] Model Definitions — Adult Uses
- Miscellaneous Uses
- [11.21] Overview
- [11.22] Model Definitions — Miscellaneous Uses
- [11.23] Model Definitions — Agricultural and Rural Uses
- Flood Prevention and Storm-Water Management
- [11.24] Overview
- [11.25] Model Definitions — Flood and Storm-Water Management
- [11.26] Model Definitions — Landscaping and Tree Preservation
- [11.27] Model Definitions — Open Space
- Antennas and Telecommunication Facilities
- [11.28] Overview
- [11.29] Model Definitions — Telecommunications
- [11.30] Model Definitions — Signage
- [11.31] Model Definitions — Engineering, Construction, and Measurements
- Nonconformities
- [11.32] Overview
- [11.33] Model Definitions — Nonconformities
- [11.34] Model Definitions — Alternative Energy Systems
- [11.35] Model Definitions — Lighting Standards
- Sustainability
- [11.36] Overview
- [11.37] Model Definitions — Green Buildings and Sustainability
- III. [11.38] Index of Terms
- Chapter 12 — Building Regulations
- I. [12.1] Scope of Chapter
- II. Power To Regulate
- [12.2] State’s Regulation
- [12.3] Home-Rule Units
- [12.4] Non-Home-Rule Units
- [12.5] Statutory Powers
- [12.6] Implied Powers
- [12.7] Powers Relating to Public Health
- [12.8] Power To Specify Building Materials
- [12.9] Regulatory Authority in Relation to State Agencies and Units of Local Government Within Territorial Jurisdiction
- III. [12.10] State and Federal Preemption
- IV. [12.11] Territorial Jurisdiction
- V. [12.12] Prospective or Retroactive Application
- VI. [12.13] Nonconforming Buildings and Structures
- VII. Liability Issues Concerning the Enforcement of or Failure To Enforce Building Regulations
- VIII. Unsafe Buildings or Structures
- IX. Administration of Building Regulations
- X. [12.22] Limitations on the Power To Enact Building Regulations
- Chapter 13 — First Amendment and Land Use
- I. Regulation of Adult Uses
- [13.1] Sexual Expression Marginally Protected by the First Amendment
- [13.2] Conduct Must Have an Expressive Component
- [13.3] Obscenity Is Not Protected by the First Amendment
- [13.4] Content-Based Regulations Are Subject to Strict Scrutiny
- [13.5] Secondary Effects Doctrine
- [13.6] Renton Test
- [13.7] O’Brien Test
- [13.8] Similarities and Distinctions Between the Renton and O’Brien Tests
- [13.9] Secondary Effects Doctrine Applies to Content-Neutral Regulations
- [13.10] Importance of Legislative Findings Regarding Secondary Effects
- [13.11] Reliable Information To Support the Existence of Secondary Effects
- [13.12] Information Relied on Must Reasonably Be Believed To Be Relevant
- [13.13] Information Relied on Does Not Need To Meet Judicial Standards for Evidentiary Admissibility
- [13.14] Information Relied on for Establishing the Existence of Secondary Effects Should Be Relevant to the Same Form of Adult Expression That Is To Be Regulated
- [13.15] Consideration of the Effectiveness That an Adult-Use Regulation Will Have in Reducing Secondary Effects
- [13.16] Restrictions on Adult Uses Must Be Narrowly Tailored
- Location Restrictions on Adult Uses Under the Secondary Effects Doctrine
- [13.17] Ordinances Dispersing or Concentrating Adult Uses
- [13.18] Location Restrictions Must Allow Reasonable Opportunities for Adult Uses
- [13.19] Municipalities Not Required To Guarantee Adult Businesses Will Find a Location To Operate
- [13.20] Statutory Restrictions on the Location of Adult Uses
- Additional Regulation Under the Secondary Effects Doctrine
- [13.21] Internet Regulation
- [13.22] Liquor Regulation
- [13.23] Regulation of Hours of Operation
- [13.24] Regulation of Distance Between Dancers and Patrons
- [13.25] Regulations Promoting Health and Safety
- [13.26] Regulation of Exterior Appearance and Signage for Adult Uses
- [13.27] Regulations To Protect Minors
- [13.28] Regulation of Nudity
- [13.29] Permitting and Licensing of Adult Uses Under the Prior Restraint Doctrine
- [13.30] Special-Use Permits
- [13.31] Municipal Power To License
- [13.32] Substantive Licensing Requirements
- [13.33] Licensing Requirements That Have Been Approved
- [13.34] Licensing Requirements That Have Not Been Approved
- [13.35] Amortization of Nonconforming Adult Uses
- [13.36] Vagueness and Overbreadth
- [13.37] Section 11-13-25 of the Zoning Enabling Statute of the Municipal Code and Legislative Immunity Under 42 U.S.C. §1983
- II. Religious Land Use and Municipal Regulation
- [13.38] Overview of Constitutional and Statutory Limits on Municipalities’ Ability To Regulate Property Owned by Religious Institutions
- United States Constitution and Religious Land Use and Institutionalized Persons Act of 2000: A Brief History
- [13.39] Smith, Religious Freedom Restoration Act, and City of Boerne
- [13.40] Religious Land Use and Institutionalized Persons Act of 2000
- [13.41] Taxonomy of Challenges to Municipal Zoning Codes and Zoning Decisions
- [13.42] Facial Challenges to Municipal Zoning Schemes
- [13.43] “As Applied” Challenges to Site-Specific Zoning Decisions
- [13.44] Zoning of Particular Site and/or Failure To Rezone
- [13.45] Denial of a Special-Use Permit, Conditional-Use Permit, Variation, or Zoning Certificate
- [13.46] Condemnation of Property Associated with Religious Activity
- [13.47] Decisions Regarding Annexation
- [13.48] Enforcement of Historic Preservation Ordinances
- Pre-Litigation Issues: Venues, Ripeness, and Mootness
- Venue
- [13.49] Municipality as Defendant in Declaratory Judgment Action
- [13.50] Municipality as Plaintiff in Enforcement Action
- [13.51] Ripeness
- [13.52] Mootness
- [13.53] Religious Land Use and Institutionalized Persons Act of 2000, §2(a) Substantial Burden on Religious Exercise
- [13.54] Religious Exercise
- [13.55] Substantial Burden
- [13.56] Compelling Government Interest/Least Restrictive Means
- [13.57] Religious Land Use and Institutionalized Persons Act of 2000, §2b: Treatment on Equal Terms, Nondiscrimination, and Exclusions
- [13.58] Less Than Equal Terms
- [13.59] Discrimination on the Basis of Religion
- [13.60] Complete Exclusion of Churches from Municipality
- [13.61] Attorneys’ Fees Under Religious Land Use and Institutionalized Persons Act of 2000 and 42 U.S.C. §1988
- [13.62] Free Exercise/Establishment Clause of the Illinois Constitution
- [13.63] Illinois Religious Freedom Restoration Act
- [13.64] Summary of the Illinois Religious Freedom Restoration Act
- [13.65] Purposes of the Illinois Religious Freedom Restoration Act
- [13.66] Illinois Religious Freedom Restoration Act and Substantial Burden on Religious Exercise
- [13.67] Application of the Illinois Religious Freedom Restoration Act
- [13.68] Cases Decided Under the Illinois Religious Freedom Restoration Act
- [13.69] Possible Constitutional Challenges to the Illinois Religious Freedom Restoration Act
- III. Regulation of Signs
- Signs: A Medium of Expression
- [13.70] Historical Use and Regulation of Signs
- [13.71] Sign Messages Are Protected Commercial Speech
- [13.72] Protected Commercial Speech
- [13.73] Protected Noncommercial Speech
- [13.74] Flags and Symbols
- On-Premise Business Identification Signs
- [13.75] Zoning Ordinances
- [13.76] Statutory Authority
- [13.77] Off-Premise Signs: Billboards
- [13.78] Highway Beautification Act of 1965
- [13.79] “Bonus Act”
- [13.80] “1959 Rule”
- [13.81] Illinois Highway Advertising Control Act
- [13.82] Home-Rule Municipalities
- [13.83] Non-Home-Rule Municipalities
- [13.84] Regulation of Signs
- Restrictions on the Medium, Not on the Message
- [13.85] Content Neutrality Required
- [13.86] Size Controls
- [13.87] Setbacks
- [13.88] Political Signs
- [13.89] Prohibition of Signs: Exclusionary Zoning
- Regulation of Signs on Public Property
- [13.90] In the Public Way
- [13.91] In the Right of Way
- [13.92] Aesthetic Concerns
- Chapter 14 — Regulatory Takings
- I. [14.1] Introduction
- II. [14.2] Sources of Government’s Power To Control Land Uses
- III. [14.3] The Genesis of Regulatory Takings
- IV. [14.4] The Factors of Regulatory Takings
- [14.5] Economic Impact on the Owner
- Magnitude of the Impact
- [14.6] Categorical Regulatory Taking
- [14.7] Impact Less than a Categorical Regulatory Taking
- [14.8] The Denominator Problem
- [14.9] Protectable Property Interest
- [14.10] The Owner’s Distinct, Investment-Backed Expectations
- Character of the Governmental Action
- [14.11] Whether There is a Physical Invasion
- [14.12] Repeated Rejection of Numerous Development Plans
- [14.13] Threats of Condemnation Not Enough
- V. [14.14] Exactions and Unconstitutional Conditions
- VI. [14.15] The Taking or Regulation of Property Must Be for a Public Purpose
- VII. [14.16] The Role of Legislative Findings
- VIII. [14.17] Temporary Regulatory Takings
- IX. [14.18] Facial Invalidity
- X. [14.19] Impact Fees and Dedications
- XI. [14.25] Ripeness
- XII. [14.26] Remedies
- Chapter 15 — Land Use Agreements
- I. Annexation Agreements
- [15.1] In General
- [15.2] Contents Authorized by Code §11-15.1-2
- Contiguity and Jurisdiction
- [15.3] Contiguity as an Annexation Prerequisite
- [15.4] Determinations of Contiguity
- [15.5] Exceptions to the Contiguity Requirement
- [15.6] The Evolving Role of Contiguity in Annexation Agreements
- [15.7] Public Hearing: Notice and Execution
- [15.8] Ordinance Amendments
- [15.9] Permit Fees
- [15.10] Donations of Land or Money
- [15.11] Abatement of Property Taxes
- [15.12] Any Matter Not Inconsistent with the Municipal Code or Forbidden by Law
- [15.13] Recapture Agreements
- [15.14] Economic Incentive Agreements
- [15.15] Right To Disconnect
- [15.16] Other Matters
- [15.17] Procedures
- [15.18] Title Research
- [15.19] The Annexation Petition
- [15.20] Filing the Petition with Municipal Clerk
- [15.21] The Annexation Agreement
- [15.22] Public Hearing
- [15.23] Required Notices
- [15.24] Ordinance Amendment Review
- [15.25] Public Hearing and Notice
- [15.26] Corporate Authorities and the Public Hearing
- [15.27] Finalization of the Annexation Agreement
- [15.28] Term of the Annexation Agreement
- [15.29] Enforcement
- [15.30] Statute of Limitations
- [15.31] Conditional Petition To Annex
- [15.32] Extraterritorial Home-Rule Authority
- II. Development Agreements
- [15.33] Background and Overview
- [15.34] Enabling Authority
- [15.35] Generally Implied Authority
- [15.36] Specific Statutory Authority for Limited Purposes
- [15.37] Business District Development and Redevelopment
- [15.38] Industrial Jobs Recovery Law
- [15.39] Tax Increment Allocation Redevelopment Act
- [15.40] Lease of Space Around Municipal Buildings
- [15.41] Municipal Sale or Lease of Real or Personal Property
- [15.42] Summary
- [15.43] Consideration
- [15.44] Recapture Agreements
- [15.45] Economic Incentive Agreements
- [15.46] Zoning and Subdivision Relief: Special Use Permits and Variations
- [15.47] Project Financing
- [15.48] Dedication or Donation of Public Benefits
- [15.49] Land for Public Use
- [15.50] School Construction and/or Donations
- [15.51] Public Park Dedications
- [15.52] Scenic Easements
- [15.53] Impact Fees
- [15.54] Other Public Benefits
- [15.55] Zoning
- [15.56] Structuring the Document
- [15.57] Logical Organization
- [15.58] Certain Must-Have Definitions
- [15.59] Written Procedures
- [15.60] Ensuring Dedication of Public Benefits
- [15.61] Fees, Charges, and Miscellaneous Provisions
- [15.62] Exhibits
- [15.63] Adoption Procedures
- [15.64] Summary
- III. [15.65] Intergovernmental Cooperation: The Jurisdictional Boundary Line Agreement
- [15.66] Introduction to Jurisdictional Boundary Line Agreements
- [15.67] Statutory Requirements
- [15.68] Contents of a Boundary Line Agreement
- [15.69] Section 11-12-9 Limitations and Applications as Defined by the Courts
- [15.70] Landowner Challenges to Boundary Line Agreements
- [15.71] Obligation of Corporate Authorities To Consider Annexation Petitions Impacted by Boundary Agreements
- IV. [15.72] Other Types of Intergovernmental Cooperation
- ILL.CONST. art. 7, §10, and the Intergovernmental Cooperation Act
- [15.73] Constitutional Authorization for Intergovernmental Cooperation
- [15.74] The Intergovernmental Cooperation Act
- [15.75] Interpreting the Intergovernmental Cooperation Act in Conjunction with ILL.CONST. art. 7, §10
- Additional Sources of Statutory Authority for Intergovernmental Cooperation
- [15.76] Illinois Municipal Code
- [15.77] Local Land Resource Management Planning Act
- [15.78] Joint Plan Commissions and the Fort Sheridan Agreement
- [15.79] Authorization for the Fort Sheridan Intergovernmental Planning Agreement
- [15.80] Mechanics of the Fort Sheridan Agreement
- [15.81] Special Development Districts
- V. Appendix
- [15.82] Sample Annexation Agreement
- [15.83] Illinois Cases on Contiguity
- Contiguous Maps
- [15.84] LaSalle National Bank v. Village of Willowbrook
- [15.85] LaSalle National Bank v. Village of Burr Ridge
- [15.86] In re Annexation of Certain Territory to Village of Buffalo Grove
- [15.87] In re Petition for Annexation of Lands of Village of Glen Carbon
- [15.88] Coriell v. Village of Green Valley
- [15.89] Indian Valley Golf Club, Inc. v. Village of Long Grove
- [15.90] In re Petition To Annex Certain Real Estate to City of Joliet
- [15.91] In re Petition To Annex Certain Territory to Village of North Barrington
- [15.92] In re Proposed Incorporation of Village of Volo
- [15.93] In re Petition for Annexation of Certain Property to Village of Plainfield
- [15.94] Rutland & Dundee Townships Fire Protection District v. Village of West Dundee
- [15.95] People ex rel. Ropac v. City of Edwardsville
- [15.96] Vo-Land, LLC v. Village of Bartlett
- Noncontiguous Maps
- [15.97] Wild v. People ex rel. Stephens
- [15.98] People ex rel. Cherry Valley Fire Protection District v. City of Rockford
- [15.99] People ex rel. Hanrahan v. Village of Wheeling
- [15.100] Wescom, Inc. v. Woodridge Park District
- [15.101] Frank v. Village of Barrington Hills
- [15.102] People ex rel. Village of Long Grove v. Village of Buffalo Grove
- [15.103] In re Annexation of Certain Territory to Village of Chatham
- [15.104] Development Agreement
- [15.105] Boundary Line Agreement — Village of South Elgin and City of St. Charles
- Chapter 16 — Governmental Financing of Development
- I. [16.1] Tax Increment Allocation Financing
- [16.2] In General
- Preliminary Considerations
- [16.3] Term of TIF
- [16.4] Initial Presentation of TIF
- [16.5] The TIF Team
- [16.6] Analysis of the Project
- [16.7] Noneconomic Considerations
- [16.8] Impact on Taxing Districts
- [16.9] Communications with Other Taxing Districts
- [16.10] Statutory Solutions to Specific Impacts of Other Districts
- [16.11] Implementation of Agreements with Other Taxing Districts
- [16.12] Binding TIF Commission
- [16.13] TIF Advisory Committee
- [16.14] Conflicts of Interest
- [16.15] Limitations on Professional Services
- [16.16] Alternatives to TIF
- [16.17] The Industrial Jobs Recovery Law
- [16.18] Business District Development and Redevelopment
- [16.19] Economic Incentive Agreements
- [16.20] Property Tax Abatements
- [16.21] Grants and Low-Interest Loans
- [16.22] Enterprise Zones
- [16.23] Special Service Areas
- [16.24] Eligibility Requirements
- Commencing the TIF Process
- [16.25] The Feasibility Study Ordinance/Resolution
- [16.26] Notice to Taxing Districts
- [16.27] The Eligibility Report
- [16.28] Interested Parties Registry
- [16.29] The Public Meeting
- [16.30] The Redevelopment Plan and Housing Impact Study
- [16.31] The Housing Impact Study
- [16.32] Required Findings
- [16.33] But-For Test
- [16.34] Conformity with the Redevelopment or Comprehensive Plan
- [16.35] Industrial Park Conservation
- [16.36] The Joint Review Board
- [16.37] Initially Convening the JRB
- [16.38] JRB Membership
- [16.39] The Public Member
- [16.40] Preparation for the JRB Meeting
- [16.41] JRB Duties
- [16.42] Scope of JRB Review
- [16.43] Compliance with Open Meetings Act
- [16.44] The JRB Report
- [16.45] Annual Meeting Requirements
- [16.46] The Public Hearing
- [16.47] Ordinance Calling for Public Hearing
- [16.48] Prerequisites to Public Hearing
- [16.49] The TIF Ordinances
- [16.50] Approving the Redevelopment Plan and Project
- [16.51] Designating a Redevelopment Project Area
- [16.52] Adopting Tax Increment Allocation Financing
- [16.53] Changes to the Plan or Area After Adoption
- [16.54] Financing TIF-Eligible Improvements
- [16.55] Powers and Duties Within the Redevelopment Project
- [16.56] Payment and Flow of Incremental Taxes
- [16.57] The Redevelopment Agreement
- [16.58] Reporting Obligations
- II. Special Assessments
- [16.59] History of Special Assessments
- [16.60] Special Benefits to Local Areas
- [16.61] Statutory Debt Limit
- [16.62] Availability of Public Benefit Taxation
- [16.63] Availability of Community Development Block Grant Funds
- [16.64] Effect of the 1970 Illinois Constitution
- Establishment of a Special Assessment
- [16.65] Preparation of Estimate of Cost of Improvement
- [16.66] Preparation of Assessment Roll — Methods of Spreading
- [16.67] Judgment of Confirmation
- [16.68] Appeals Taken and Their Effect
- Other Considerations
- [16.69] Taking of Property
- [16.70] Assessments Against Government Property
- [16.71] Special Assessment of Property Outside Municipal Limits
- [16.72] Divisions of Assessed Property and Recapture Agreements
- [16.73] Giving Notice for Bids
- Special Assessment Financing Procedures
- [16.74] Issuance of Vouchers
- [16.75] Issuance of Judgment Funding Bonds
- [16.76] Collection of Assessments
- Certificate of Cost and Completion
- [16.77] Abatement
- [16.78] Rebates
- [16.79] Special Assessment Supplemental Bond and Procedures Act
- [16.80] County Special Assessment Powers
- [16.81] Sanitary District Special Assessment Powers
- [16.82] Park District Special Assessment Powers
- [16.83] Tax Deductibility of Special Assessment
- [16.84] Specific Projects
- [16.85] Lombard, Illinois
- [16.86] South Beloit, Illinois
- [16.87] Tinley Park, Illinois
- [16.88] Chicago
- [16.89] In Summary
- III. Special Service Area Financing
- [16.90] In General
- [16.91] Authority for Special Service Area Financing
- General Considerations in Connection with Special Service Areas
- [16.92] Constitutional and Statutory Provisions
- [16.93] Boundaries
- [16.94] Permissible Taxes, Rates, and Debt Limits
- Procedures for Special Service Area Financing
- [16.95] General Procedures and Ordinance Calling for Hearing on Proposed Special Service Area
- [16.96] Public Hearing
- [16.97] Supplemental Ordinances
- [16.98] Income Tax Deductibility
- [16.99] Effect of Tax Increment Financing on Special Service Areas
- [16.100] Townships — Special Taxation
- [16.101] Special Projects
- [16.102] Oak Lawn, Illinois
- [16.103] Western Springs, Illinois
- IV. Comparison of Special Service Area Financing and Special Assessment Financing
- V. Real Estate Abatements, Cook County Property Tax Incentives, and Sales Tax Rebates
- [16.106] In General
- [16.107] General Limitations — The Public Purpose and But-For Tests
- [16.108] Home-Rule Authority To Abate Real Estate Taxes and Rebate Sales Taxes
- [16.109] Non-Home-Rule Authority To Abate Real Estate Taxes
- [16.110] Commercial and Industrial Properties
- [16.111] Vacant Facilities
- [16.112] Electric Generating Facilities
- [16.113] Racing Facilities
- [16.114] Academic or Research Institutes
- [16.115] Affordable Housing for Older Households
- [16.116] Historical Societies
- [16.117] Relocated Corporate Headquarters
- [16.118] United States Military Public/Private Residential Developments
- [16.119] Contributions to Certain Qualified Social Programs
- [16.120] Enterprise Zones and River Edge Redevelopment Zones
- [16.121] Recreation Facilities
- [16.122] Annexed Properties
- [16.123] Statutory Penalties for Violation of Abatement Agreement
- [16.124] Mandatory Abatement of Leased Low-Rent Housing in Chicago
- [16.125] Housing Opportunity Area Abatement Program
- [16.126] Leasehold Abatement
- [16.127] Surviving Spouse of a Fallen Police Officer or Rescue Worker
- [16.128] Neighborhood Redevelopment Corporation Property
- Procedures and Practical Considerations Impacting Real Estate Tax Abatements
- [16.129] Implementing the Abatement
- [16.130] Methods of Calculating the Amount and Duration of Abatements
- [16.131] Joint Abatement Agreements
- [16.132] Cook County Property Tax Incentives
- [16.133] Class 6b Incentive
- [16.134] Class 6b Qualification
- [16.135] Class 6b Assessment Levels
- [16.136] Class 6b Procedure
- [16.137] Class 6b Implementation
- [16.138] Class 7a and 7b Incentives
- [16.139] Class 7a and 7b Qualifications
- [16.140] Class 7a and 7b Assessment Levels
- [16.141] Class 7a and 7b Procedure
- [16.142] Class 7a and 7b Implementation
- [16.143] Class 8 Incentive
- [16.144] Class 8 Qualification
- [16.145] Class 8 Assessment Levels
- [16.146] Class 8 Procedure
- [16.147] Class 8 Implementation
- [16.148] Class 8a Incentive
- [16.149] Class 8a Assessment Level
- [16.150] Class 8a Procedure
- [16.151] Class 8a Implementation
- [16.152] Class 8b Incentive
- [16.153] Class 8b Qualifications
- [16.154] Class 8b Assessment Levels
- [16.155] Class 8b Procedure
- [16.156] Non-Home-Rule Authority To Rebate Sales Taxes
- Chapter 17 — Troubled Developments
- I. [17.1] Introduction
- II. [17.2] Basic Bankruptcy Concepts Relevant to Real Estate Developments
- [17.3] Chapter 7
- [17.4] Chapter 11
- [17.5] Assignment for Benefit of Creditors
- [17.6] The Automatic Stay
- [17.7] Types of Claims — Prefiling Claims vs. Post-Filing Claims
- Rejection or Assumption of Unexpired Leases and Executory Contracts
- [17.8] Relevant Law Governing Rejection and/or Assumption
- [17.9] If the Executory Contract or Unexpired Lease Is Assumed and/or Assigned
- [17.10] If the Executory Contract or Unexpired Lease Is Rejected
- [17.11] What If a Lease Expires During Bankruptcy?
- III. [17.12] The Bankrupt Developer
- IV. Application of Zoning Regulations in Bankruptcy
- V. How Did We Get into This Mess, and Can We Learn from It?
- VI. What Can Be Done To Reposition a Failed Development and Reenter the Marketplace, Relying on Tried-and-True Business Practices?
- [17.24] Begin with the End in Mind
- [17.25] Revisit the LaSalle Factors
- [17.26] Update Your Market Study (Reassess the Current State of the Marketplace as It Relates to Your Buyer)
- Discover What the Local Community Can Do To Help
- Reevaluate Impact Fees
- [17.27] Highways
- [17.28] Open Space
- [17.29] Schools
- [17.30] Natural Resources
- Determine Whether Public Financing Can Play a Role in the Recovery
- [17.31] Municipal Infrastructure
- [17.32] Commercial Sales Tax Rebates
- [17.33] Tax Increment Financing
- [17.34] Building Codes vs. Performance Codes
- [17.35] Take a Commonsense Approach to Development
- [17.36] Case Studies
- VII. [17.37] Final Thoughts
- Chapter 18 — Wind Energy
- I. [18.1] Introduction
- II. Drafting a Zoning Ordinance
- Legal Framework for Zoning Ordinance
- [18.2] Zoning Enabling Statute
- [18.3] Special Uses and Conditional Uses
- [18.4] Municipality Wind Farm Regulations
- [18.5] County Wind Farm Regulations
- Specific Zoning Provisions
- [18.6] Wind Energy Conversion System
- [18.7] Small Wind Energy Conversion System
- [18.8] Mini Wind Energy Conversion System
- [18.9] Setback Requirements
- [18.10] Noise Standards
- [18.11] Height Limitations
- [18.12] Road Issues
- [18.13] Interconnections
- [18.14] Form of Application
- [18.15] Decommissioning
- [18.16] Property Value Guarantee Agreement
- [18.17] Exclusionary Zoning Issues
- [18.18] Comparison to Regulation of Cellular Towers
- III. Litigation Issues
- IV. [18.25] Illinois Legislation
- V. Appendix
- Index
- Table of Cases
- List of Forms
- Jessie Augustyn
Jessie Augustyn
No bio available.
- Thomas P. Bayer
Thomas P. Bayer
Thomas P. Bayer is a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where he practices in the areas of general municipal, economic development, and zoning and land use law. He has been named a Leading Lawyer in the government category from 2008 – 2021, and he was awarded the Marvin J. Glink Private Practice Local Government Award by the International Municipal Lawyers Association in 2017. He is the coauthor of several Illinois Municipal League publications. Mr. Bayer received his B.A. with highest honors from DePaul University and his J.D. with honors from DePaul University College of Law, where he graduated number one in his class.
- Charles R. Bernardini
Charles R. Bernardini
No bio available.
- Scott R. Borstein
Scott R. Borstein
Scott R. Borstein is a Partner at Neal & Leroy, LLC, in Chicago, where he concentrates his practice in zoning, land use, and real estate transactions. He is a member of the Chicago Bar Association and licensed to practice law in both Illinois and California. Mr. Borstein received his B.A. cum laude from Miami University and his J.D. from Georgetown Law, where he was Associate Editor of the Georgetown Immigration Law Journal.
- J. William Braithwaite
J. William Braithwaite
J. William Braithwaite is a Partner in the Elgin office of Bazos, Freeman, Kramer, Schuster & Braithwaite, LLC, where he serves clients in the areas of estate planning, business law, and real estate. He has served as Village Attorney for the Villages of Campton Hills, Barrington, North Barrington, Tower Lakes, Inverness, Volo, and Gilberts, as well as Special Counsel for the City of Freeport, the Chicago Park District, and the Illinois-Indiana Bi-State Commission. He also taught at Northwestern University School of Law. Mr. Braithwaite is a member of the American, Illinois State, and Chicago Bar Associations and is a former member of Lambda Alpha Honorary Land Economics Society and the Law Club of Chicago. He received his B.A. from the University of Connecticut and his J.D. from Columbia University School of Law.
- Ronald S. Cope
Ronald S. Cope
Ronald S. Cope is a Partner at Schain, Banks, Kenny & Schwartz, Ltd., in Chicago, where he focuses his practice on complex land use matters and litigation in trial and appellate courts and municipal finance. He is a frequent writer and speaker for numerous organizations, including IICLE®, the American Bar Association, and the Illinois Municipal League, and has taught business law courses at the University of Chicago Graduate School of Business. He is a member of the American, Illinois State, and Chicago Bar Associations. Mr. Cope received both his B.A. and his J.D. from the University of Chicago.
- Mariah F. DiGrino
Mariah F. DiGrino
Mariah F. DiGrino is a Partner at DLA Piper LLP (US) in Chicago, where she focuses her practice on land use planning and development. She was recognized by The Legal 500 United States and is a founding executive board member of the Urban Land Institute Chicago Women’s Leadership Initiative and pro bono general counsel for the Greater Chicago Food Depository. Ms. Digrino received her B.A. from Western Illinois University and her J.D. from the University of Illinois College of Law.
- John F. Donahue
John F. Donahue
John F. Donahue is a founding member of Donahue & Rose P.C. in Rosemont, where he focuses on the representation of public entities. He represents the Village of Rosemont, the City of DeKalb, the Village of Glenwood, and School District 78 as general corporate counsel and School District 149 as labor counsel. He has spoken in various forums educating public officials and their employees on development issues, the Open Meetings Act, the Freedom of Information Act, special education, discipline, and drug testing issues. Mr. Donahue received his B.S. with honors from the Illinois Institute of Technology and his J.D. with honors from the DePaul University College of Law.
- Kathleen Elliott
Kathleen Elliott
Kathleen Elliott is Of Counsel with Robbins Schwartz, in Lisle, and focuses her practice on local government law. Elliott has been recognized as a Leading Lawyer by Law Bulletin Publishing Company and a Super Lawyer by Thomson Reuters. She is Past Chair of the Home Rule Attorneys Committee of the Illinois Municipal League and is a member of the Illinois State Bar Association. She received her undergraduate degree from Drake University and her J.D. from DePaul University College of Law.
- Steven M. Elrod
Steven M. Elrod
Steven M. Elrod is a Managing Partner at Elrod Friedman LLP in Chicago, where he focuses on land use and municipal law. He is a Past President of the Chicago Bar Association, a member of the Urban Land Institute Public Private Partnership Product Council, and an adjunct professor at the Northwestern University Pritzker School of Law. Mr. Elrod received his J.D. from the Northwestern University Pritzker School of Law.
- Isaiah A. Fishman
Isaiah A. Fishman
No bio available.
- Harold W. Francke
Harold W. Francke
No bio available.
- Joseph P. Gattuso
Joseph P. Gattuso
Joseph P. Gattuso is a Partner at Taft Stettinius & Hollister LLP in Chicago, where he concentrates his practice in the areas of land use, zoning, historic preservation, and other regulatory matters; development incentives; acquisition of publicly owned property; liquor and business licensing issues; building and life safety code compliance; right-of-way adjustments; and subdivisions. He is a member of the American and Chicago Bar Associations. Mr. Gattuso received his B.A. from the University of Illinois and his J.D. from DePaul University College of Law, where he was a member of the law review.
- Thomas F. Geselbracht
Thomas F. Geselbracht
Thomas F. Geselbracht has practiced land use law for over 40 years and has been designated an Illinois Super Lawyer as the result of research projects conducted jointly by Law & Politics and Chicago magazines. He concentrates in eminent domain, land use, environmental, and title insurance litigation and has authored numerous articles, videos, and reports on land use, just compensation, condemnation of property, and related topics. He authored Illinois Zoning, Eminent Domain and Land Use Manual and coauthored Condemnation of Property: Practice and Strategies for Winning Just Compensation, has taught classes in land use and eminent domain law at the University of Chicago Law School and the Northwestern University Pritzker Law School, and is a frequent lecturer. Mr. Geselbracht received his J.D. from the University of Chicago Law School and received his B.A. magna cum laude from Marquette University.
- Jason A. Guisinger
Jason A. Guisinger
Jason A. Guisinger is a Partner at Klein, Thorpe & Jenkins, Ltd., in Chicago where he concentrates his practice in municipal law, school law, election law, land use and zoning, and public sector labor and employment law. He is also a regular speaker and author on issues of legal concern to units of local government in the State of Illinois and represents public entities, police officers, firefighters, and public officials in litigation at all levels of state and federal court. He has been recognized as a Leading Lawyer in governmental, municipal, lobbying, and administrative law and election, political, and campaign law. He received his B.A. from the University of Illinois and his J.D. from the Michigan State University College of Law.
- Jack Guthman
Jack Guthman
Jack Guthman is Partner Emeritus at Taft Stettinius & Hollister LLP in Chicago, where his practice encompasses a broad range of activity before state and local boards, commissions, the Illinois General Assembly, and the Congress of the United States. He has been selected for inclusion in The Best Lawyers in America in the areas of Real Estate and Land Use and Zoning Law annually since 2006. He was inducted into the Chicago Association of Realtors Hall of Fame for his achievements in the real estate industry. Mr. Guthman received his undergraduate degree from Northwestern University and his J.D. from Yale Law School.
- Patrick J. Hanlon
Patrick J. Hanlon
No bio available.
- Nancy S. Harbottle
Nancy S. Harbottle
No bio available.
- Kathleen T. Henn
Kathleen T. Henn
No bio available.
- Jeffrey Jahns
Jeffrey Jahns
No bio available.
- Michael T. Jurusik
Michael T. Jurusik
Michael T. Jurusik is a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where he concentrates his practice in municipal law and local government. He is a guest speaker for and a Past President of the Local Government Section Council of the Illinois State Bar Association. He was named an Illinois Leading Lawyer from 2016 – 2018. Mr. Jurusik received his B.A. from Hamilton College and his J.D. from Loyola University Chicago School of Law, where he received the American Jurisprudence Award for Outstanding Academic Achievement.
- Christopher C. Kendall
Christopher C. Kendall
Christopher C. Kendall is a Partner at Chapman Spingola LLP in Chicago, where he concentrates his practice in commercial litigation. He is a former member of the Palatine Zoning Board of Appeals and a Past Chair of the Chicago Bar Association’s Administrative Law Committee and the Illinois State Bar Association’s Standing Committee on Legal Education, Admission, and Competence. Mr. Kendall received his B.A. from the University of Illinois and his J.D. summa cum laude from the University of Illinois Chicago School of Law.
- Adam M. Kingsley
Adam M. Kingsley
Adam M. Kingsley is Principal at Kingsley Law Group in Chicago, where he focuses on commercial litigation and land use. Mr. Kingsley received his undergraduate degree from Cornell University and his J.D. from the Duke University School of Law.
- Robert J. Labate
Robert J. Labate
Robert J. Labate is a Partner at Holland & Knight LLP, where he serves as Cochair of the firm’s national Entertainment Law and Sports Practice in San Francisco and as a Partner in the firm’s Bankruptcy, Restructuring and Creditors’ Rights Practice Group in Chicago. He was an adjunct faculty member at the DePaul University School of Law and has been recognized for his entertainment and transactional practice by Chambers USA, Best Lawyers in America, and Illinois Super Lawyers. He is a member of the American and Chicago Bar Associations, Lawyers for the Creative Arts, and the American Bankruptcy Institute. Mr. Labate received his B.A. from Yale College and his J.D. from the Case Western Reserve University School of Law.
- Patrick A. Lucansky
Patrick A. Lucansky
Patrick A. Lucanskyis a Partner at Klein, Thorpe & Jenkins, Ltd., in Chicago, where he focuses his practice on municipal law. He is an Illinois State Bar Association Distinguished Counsellor, a Leading Lawyer in 2014 – 2016, and a recipient of the Distinguished Service Award for Lifetime Achievement from the Illinois Institute for Local Government Law. Mr. Lucansky received his B.S.C. from DePaul University and his J.D. with high honors from Chicago-Kent College of Law.
- George F. Mahoney
George F. Mahoney
George F. Mahoney is a Founding Member of Mahoney, Silverman & Cross, LLC, in Joliet, where he focuses his practice on the areas of zoning and land development, government and municipal law, litigation, and appellate practice. Mr. Mahoney is a member of the Will County (Past President) and Illinois State Bar Associations. In 2013, he was elected to the Board of Trustees of The John Marshall Law School. He is also a former member and Chair of the IICLE® Board of Directors. He is listed in Outstanding Lawyers of America, the Leading Lawyers Network of Illinois — Top Lawyers, and Chicago Magazine Illinois Super Lawyers. He received his B.A. with high honors from Lewis College and his J.D. from DePaul University College of Law.
- George A. Marchetti
George A. Marchetti
George A. Marchetti is Of Counsel to Robbins, Schwartz, Nicholas, Lifton & Taylor, LLP, in Bolingbrook, where he focuses on municipal law. He received his B.A. from the University of Notre Dame, his M.A. from the University of Chicago, and his J.D. from IIT Chicago-Kent College of Law.
- Donna B. McDonald
Donna B. McDonald
No bio available.
- Kevin W. Mestek
Kevin W. Mestek
No bio available.
- Donald J. Moran
Donald J. Moran
Donald J. Moran is a Partner at Pedersen & Houpt, A Professional Corporation, in Chicago, where he focuses his practice on commercial, environmental, and appellate litigation. Mr. Moran received his B.A. from Northwestern University, his M.R.P. from the Syracuse University Maxwell School of Citizenship and Public Affairs, and his J.D. from the Syracuse University College of Law.
- Barry L. Moss
Barry L. Moss
No bio available.
- Theodore J. Novak
Theodore J. Novak
Theodore J. Novak is a Partner at DLA Piper LLP (US) in Chicago, where he is Chair of the firm’s Land Use, Development, and Government Relations Practice. He has presented for CLE International, IICLE®, and the Chicago Bar Association and has lectured at the University of Chicago Law School. He is a member of the American and Illinois State Bar Associations. Mr. Novak received his B.S. from the University of Illinois and his J.D. from IIT Chicago-Kent College of Law.
- Hart M. Passman
Hart M. Passman
Hart M. Passman is a Partner at Elrod Friedman LLP in Chicago, where he focuses his practice on land use, zoning, and local government law. He is a member and Past Chair of the Illinois Municipal League Committee of Home Rule Attorneys and a member of the Illinois Local Government Law Association. Mr. Passman has been recognized as an Up-and-Comer in Real Estate: Zoning/Land Use by Chambers USA. He received his B.A. from Washington University in St. Louis and his J.D. from the Northwestern University Pritzker School of Law.
- William G. Raysa
William G. Raysa
William G. Raysa is Senior Counsel to Tressler LLP in Chicago, where he concentrates his practice in governmental law. He is Chair of the Illinois Municipal League Home Rule Attorneys Committee. He has received the Illinois Local Government Lawyers Lifetime Achievement Award and the International Municipal Lawyers Association Longevity Award. Mr. Raysa received his B.A. from Hamline University and his J.D. from Loyola University Chicago School of Law.
- Jamie A. Robinson
Jamie A. Robinson
Jamie A. Robinson is a Partner at Burke, Warren, MacKay & Serritella, P.C., where she focuses on litigation, appeals, healthcare, and religious organizations. She received her B.A. from the University of Wisconsin-Madison and her J.D. from the University of Wisconsin Law School.
- Zenia C. Salles
Zenia C. Salles
No bio available.
- David J. Silverman
David J. Silverman
David J. Silverman is a Founding Member of Mahoney, Silverman & Cross, LLC, in Joliet, where his practice focuses on local government, land development, development-related incentives, and land use litigation. He is a frequent presenter and writer on issues involving local government and land use issues, including for IICLE®, the Illinois Municipal League, and the Illinois State Bar Association. He is a member of the Will County and Illinois State Bar Associations. He received his B.A. from Lewis University and his J.D. with high distinction from The UIC John Marshall Law School.
- Jeffrey M. Stein
Jeffrey M. Stein
Jeffrey M. Stein is Assistant Village Manager of and Corporate Counsel for the Village of Wilmette, where he focuses on municipal law and management. He is a member of the International Municipal Lawyers Association, the Illinois Local Government Lawyers Association, and the National Public Employer Labor Relations Assocation. Mr. Stein received his undergraduate degree from Northern Illinois University and his J.D. from DePaul University College of Law.
- Sanford M. Stein
Sanford M. Stein
Sanford M. Stein is Of Counsel to L&G Law Group, LLP, in Chicago, where he focuses his practice on land use, environmental, cannabis, and regulatory law. He has been recognized in The Best Lawyers in America, and he is a member of the Illinois State and International Cannabis Bar Associations. Mr. Stein received his B.A. from the University of Illinois and his J.D. from the George Washington University Law School.
- Scott F. Uhler
Scott F. Uhler
Scott F. Uhleris a Partner at Klein, Thorpe & Jenkins, Ltd., in Chicago, where he concentrates his practice in school, municipal, library, and election law. He has been a member of the Illinois and Chicago Bar Associations, Illinois Municipal League, International Municipal Lawyers Association, National and Illinois Councils of School Attorneys, and the Illinois and American Library Associations. Mr. Uhler received his undergraduate degree from the University of Notre Dame and the University of Illinois, his master’s degree from the University of Illinois, and his J.D. from DePaul University College of Law.
- Kurt A. Wandrey
Kurt A. Wandrey
No bio available.
- Richard Demarest Yant
Richard Demarest Yant
Richard Demarest Yant is a Partner at Krasnow Saunders Kaplan & Beninati LLP in Chicago, where he focuses his practice on real estate and commercial transactions. He is a member of the American, Illinois State, and Chicago Bar Associations. Mr. Yant received his B.S. and M.S. from Purdue University and his J.D. from the University of Illinois College of Law.
- Eric J. Yehl
Eric J. Yehl
No bio available.
- John J. Zimmermann
John J. Zimmermann
John J. Zimmermann is an Affiliate of Tressler LLP in Chicago, where he focuses his practice on local government. He is a member (1968 – present) and Past President of the International Municipal Lawyers Association, a charter member (1971 – present) of the Illinois Municipal League Committee of Home Rule Attorneys, and a charter member (1992 – present) and Past President of the Illinois Local Government Lawyers Association. He received his A.B. from DePaul University and his J.D. from DePaul University College of Law.
- Michael F. Zimmermann
Michael F. Zimmermann
Michael F. Zimmermann is a Partner at Tressler LLP in Chicago, where he is Chair of the Local Government Law Group and concentrates his practice in government law, human resources, and commercial litigation. His practice also encompasses zoning and development, land use, and related litigation. He is a member of the Illinois State and Chicago Bar Associations, the Illinois Municipal League, and the International Municipal Lawyers Association. Mr. Zimmermann received his undergraduate degree from Marquette University and his J.D. from DePaul University College of Law.
Land Use Law (Illinois) (ARCHIVED 2010 EDITION & 2013 SUPPLEMENT)
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