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Table of Contents

List of Forms by Chapter

Chapter 1 — Land Use Process: Governmental Bodies and Jurisdiction

Chapter 2 — Zoning Controls — Regulating Land Use

Chapter 3 — Land Use Agreements

Chapter 4 — Processing a Land Use Application from Submission to Administrative or Legislative Decision

Chapter 5 — Processing a Land Use Application in the City of Chicago

Chapter 6 — Governmental Financing of Development

Chapter 7 — Variations, Special Uses, and Appeals from Administrative Decisions

Chapter 8 — Judicial Review

Chapter 9 — Litigation of a Zoning Case

Authors

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 – 2017, 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.
Scott R. Borstein
Scott R. Borstein
Scott R. Borstein is a Partner with Neal & Leroy, LLC, in Chicago, where he concentrates his practice in the areas of real estate transactions and finance, development and land use, and zoning. His land use experience is wide ranging, including appearances before municipal and county boards, commissions, and committees on matters such as zoning, landmarks, vacations and subdivisions. In addition, Mr. Borstein possesses significant experience in a broad range of real estate matters, including the acquisition and disposition of commercial properties and the negotiation of construction documents and lease agreements — including serving as lead zoning counsel on one of the largest planned developments in the City of Chicago’s history. He represented the City of Chicago and the Chicago Music and Dance Theater in the Planned Development and Lakefront Protection Ordinance process for Chicago’s Millennium Park, represented North Park University in all phases of the development of its Master Plan for its 18-acre campus on the city’s northwest side, and represented Comcast in connection with the development of its Regional Technical Facility in Homewood. He is a member of the American Institute of Architects and the Chicago Bar Association. He is a frequent speaker on the topic of land use and zoning matters. Mr. Borstein received his B.A. cum laude from Miami University and his J.D. from Georgetown University Law Center, where he was Associate Editor of the Georgetown Immigration Law Journal.
Ronald S. Cope
Ronald S. Cope
Ronald S. Cope is a Partner at Nixon Peabody, LLP, where he focuses on complex land use matters such as local government zoning and annexation approvals and litigation in trial and appellate courts. He also works on the creation of finance tools such as tax increment financing (TIF) districts, special service areas (SSA), and redevelopment agreements. He is a member of the Chicago, Illinois State, and American Bar Associations. Mr. Cope received his B.A. and 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 is a member of the Urban Land Institute, General Counsel for the Greater Chicago Food Depository, and a 2016 Emerging Lawyer — Land Use, Zoning, and Condemnation Law and Public Finance Law. Ms. Digrino received her B.A. from Western Illinois University and her J.D. from the University of Illinois College of Law.
Kathleen Elliott
Kathleen Elliott
Kathleen Elliott is Of Counsel to Robbins Schwartz in Bolingbrook, where she focuses on local governmental law. She is an Illinois Leading Lawyer in Governmental, Municipal, Lobbying, and Administrative Law and was an Illinois Super Lawyer in Governmental Relations Law in 2015. She is a Past Chair of the Illinois Municipal League’s Home Rule Attorneys Committee. Ms. Elliott received her B.A. in Economics and Business Administration from Drake University and her J.D. from DePaul University College of Law.
James V. Ferolo
James V. Ferolo
James V. Ferolo is a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where his practice is concentrated in the area of municipal and local government law. He is the Litigation Committee Chair of the Local Government Section Council of the Illinois State Bar Association and an Illinois Leading Lawyer. He has been a guest speaker for IICLE® and the Illinois Municipal League. Mr. Ferolo received his undergraduate degree in economics and political science from Northwestern University and his J.D. from Loyola University Chicago School of Law, where he was on the Dean’s List.
Joseph P. Gattuso
Joseph P. Gattuso
Joseph P. Gattuso is a Partner with Taft Stettinius & Hollister LLP, in Chicago, where he concentrates in the areas 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 has obtained land use, subdivision, and license approvals for a broad range of land uses, from single-family homes to major industrial facilities. He has obtained a variety of government approvals for numerous significant developments in Chicago and surrounding municipalities. Mr. Gattuso also has considerable experience in affordable and supportive housing developments. Prior to practicing government regulatory law, he served as a Zoning Planner with the Chicago Zoning Board of Appeals, from 1978 to 1987. He is a member of the Chicago and American Bar Associations. He provides pro bono counsel for a number of civic and social service organizations and holds leadership positions in municipal governance organizations, including Woodstock Plan Commission (member, 1994 – 1995), Advisory Committee on the Historic Woodstock Square, the Chicago Mayor’s Business License Reform Committee, and the Chicago Permitting and Inspection Task Force. Mr. Gattuso has been awarded an AV® Peer Review Rating from Martindale-Hubbell, its highest rating for ethical standards and legal ability. He received his undergraduate degree from the University of Illinois at Chicago and his J.D. from DePaul University College of Law, where he was a member of the law review.
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. Mr. Guisinger received his B.A. from the University of Illinois and his J.D. from Michigan State University College of Law.
Jack Guthman
Jack Guthman
Jack Guthman is Partner Emeritus at Taft Stettinius & Hollister LLP, in Chicago, where he focuses his practices in land use and zoning. He often represents developers requiring zoning changes, planned development ordinances, and other relief as a precondition to the development process. Mr. Guthman’s experience also includes landmark, vacation, dedication and easement, traffic and transportation, water and sewer, aviation, and legislative matters as they relate to development. Mr. Guthman lectures widely before professional groups and at law schools on the administrative and regulatory process. Additionally, he served as an Adjunct Professor at Northwestern University’s Kellogg School of Management (1990 – 2011) and the College of Architecture at the Illinois Institute of Technology (2010 – 2014). He has written chapters on the interface of government and development for texts published by Dow Jones-Irwin and Wiley Law Publications. For 17 years, he was a member of the Chicago Zoning Board of Appeals, acting as its Chair for the last 12 of those years. He was inducted into the Chicago Association of Realtors’ Hall of Fame in 1992, in recognition of his achievements in the real estate industry, and has been described by Crain’s Chicago Business as “zoning’s number 1 lawyer.” He serves on the boards of numerous civic, arts, and philanthropic institutions, including the Museum of Contemporary Art. Mr. Guthman earned his B.A. from Northwestern University and his J.D. and L.L.B. from Yale Law School.
Michael T. Jurusik
Michael T. Jurusik
Michael T. Jurusik is a Partner at Klein, Thorpe, and Jenkins, Ltd., in Chicago, where he focuses his practice on municipal law, special district law, environmental law, library law, and real estate. Mr. Jurusik is a former Chair of the Local Government Section Council of the Illinois State Bar Association and has been recognized as a Leading Lawyer in the area of governmental, municipal, lobbying, and administrative law. Mr. Jurusik is a member of the American, Chicago, and Illinois State Bar Associations, as well as the International Municipal Lawyers Association. He received his B.A. from Hamilton College and his J.D. from Loyola University Chicago Law School, where he was awarded the American Jurisprudence Award for outstanding academic achievement in the area of pretrial litigation.
Patrick A. Lucansky
Patrick A. Lucansky
Patrick A. Lucansky is 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 IIT 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.
Michael A. Marrs
Michael A. Marrs
Michael A. Marrs is a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where he concentrates his practice local government law. He is a former Board Member and a former Chair of the Prosecutor’s Group of the Illinois Local Government Lawyers Association. He was a Leading Lawyer in 2017. Mr. Marrs received his B.S. from Indiana University and his J.D. from the DePaul University College of Law.
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.
Michael John Peters
Michael John Peters
Michael John Peters is an associate at Tressler LLP in Chicago, where he focuses his practice on real estate, development, and land use/zoning. He received his B.A. from the University of Illinois and his J.D. from Washington University School of Law.
Zachary M. Pollack
Zachary M. Pollack
Zachary M. Pollack is Director of Operations for UP Development, LLC, in Chicago. Previously, he was an attorney at Krasnow Saunders Kaplan & Beninati LLP. He received his B.A. from the University of Kansas and his J.D. from The John Marshall Law School.
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 Nixon Peabody LLP in Chicago, where she focuses her practice on land use, intellectual property, and healthcare litigation. She is a member of the American and Illinois State Bar Associations. Ms. Robinson received her B.A. from the University of Wisconsin and her J.D. cum laudefrom the University of Wisconsin Law School.
David S. Silverman
David S. Silverman
David S. Silverman is a Partner at Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., in Chicago. He focuses his practice on local government, zoning, land use, and economic development. Mr. Silverman is Legislative Committee Chair for the Illinois Chapter of the American Planning Association, and he is the Education and Outreach Chair for the Planning and Law Division of the American Planning Association. He is a member of the American Institute of Certified Planners and the Ely Chapter of Lambda Alpha International in Chicago (Vice President of Chautauqua Programs). Mr. Silverman received his B.A. from Indiana University, his M.U.P. from Wayne State University, and his J.D. from The John Marshall Law School.
Gregory T. Smith
Gregory T. Smith
Gregory T. Smith is a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where he concentrates his practice in municipal and local government law. He was named an Emerging Lawyer in 2015 – 2018. Mr. Smith received his B.S. from DePaul University and his J.D. from Chicago-Kent College of Law, where he was on the Dean’s List and an Associate Editor of the Chicago-Kent Journal of Intellectual Property.
Jeffrey M. Stein
Jeffrey M. Stein
Jeffrey M. Stein is Corporation Counsel for the Village of Lemont. Previously, he practiced with Tressler LLP, where he counseled elected officials and municipal staff on all matters arising in municipal administration and management. Mr. Stein received his undergraduate degree from Northern Illinois University and his J.D. from DePaul University College of Law.
Scott F. Uhler
Scott F. Uhler
Scott F. Uhler is a Partner at Klein, Thorpe & Jenkins, Ltd., in Chicago, where he concentrates his practice in school, municipal, library, and election law. He is a member of the National and Illinois Councils of School Attorneys and of the Chicago Bar Association School Law Committee. He has also been named a Leading Lawyer since 2005. 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.
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.
John J. Zimmermann
John J. Zimmermann
John J. Zimmermann is an affiliate of Tressler LLP in Chicago. He has represented municipalities throughout his professional career and has served as the attorney for several municipalities. He is a charter member and former Chair of the Illinois Municipal League and a Cofounder and Director of the Illinois Local Government Lawyers Association. He is a member of the Local Government Law Section of the Illinois State Bar Association and a member of Local Government Committee of the Chicago Bar Association. Mr. Zimmermann received his B.A. 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.

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Land Use Law: Practice and Procedure 2017 Edition

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Thomas P. Bayer

Scott R. Borstein

Ronald S. Cope

Mariah F. DiGrino

Kathleen Elliott

James V. Ferolo

Joseph P. Gattuso

Jason A. Guisinger

Jack Guthman

Michael T. Jurusik

Patrick A. Lucansky

George F. Mahoney

George A. Marchetti

Michael A. Marrs

Theodore J. Novak

Michael John Peters

Zachary M. Pollack

William G. Raysa

Jamie A. Robinson

David S. Silverman

Gregory T. Smith

Jeffrey M. Stein

Scott F. Uhler

Richard Demarest Yant

John J. Zimmermann

Michael F. Zimmermann

Land Use Law: Practice and Procedure 2017 Edition