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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 – 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.
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.
Elizabeth L. Butler
Elizabeth L. Butler
Elizabeth L. Butler is a Partner at Taft Stettinius & Hollister LLP in Chicago, where she focuses her practice on land use, zoning, entitlements, urban planning, public incentives, historic preservation, and economic development, as well as general real estate transactions. She is a member of the American Institute of Certified Planners, the American Planning Association, Women in Planning + Development Chicago, and the Urban Land Institute. Ms. Butler received her B.S. and M.S. from Florida State University and her J.D. cum laude from Chicago-Kent College 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 land use, municipal law, and litigation. He has been recognized as one of the “Best Lawyers in America” since 2008, authored THE ZONING AND LAND USE HANDBOOK published by the American Bar Association, and taught business law courses at the University of Chicago Graduate School of Business for 18 years. He is a member of the American, Illinois State, and Chicago Bar Associations. 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.
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.
James V. Ferolo
James V. Ferolo
James V. Ferolo is a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where he focuses his practice on the representation of local governmental entities in matters such as local government law, economic development matters, and employment law. He has spoken and written frequently for the Illinois Municipal League, IICLE^®, the Lake County Municipal League, and other governmental organizations. Mr. Ferolo received his BA from Northwestern University and his JD from the Loyola University School of Law.
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.
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 BA from the University of Illinois and his JD 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.
James J. Hess
James J. Hess
James J. Hess is a Partner at Tressler LLP, in Bolingbrook. As part of his firm’s Local Government Practice Group, he represents various local government entities, primarily focusing on day-to-day operations for counties, cities, villages, fire protection districts, park districts, and library districts. Among the legal matters Hess handles are personnel issues, ethics compliance, labor contract negotiations, intergovernmental agreements, and matters under the Open Meetings Act and Freedom of Information Act. He is a regular author and presenter on a variety of local government law topics. He received his J.D. from the Northern Illinois University College of Law and his B.A. from Butler University.
Michael T. Jurusik
Michael T. Jurusik
Michael T. Jurusik is President and Partner at Klein, Thorpe and Jenkins, Ltd., in Westmont, where he concentrates his practice in municipal law, zoning, and economic development. He has been an author and a speaker for various organizations, including IICLE^®, the Illinois Municipal League, and the Illinois State Bar Association. He is a member of the American and Illinois State Bar Associations and is on the ISBA’s Local Government Section Council, for which he is also Past Chair. He has been recognized as a Leading Lawyer in Illinois in the area of Governmental, Municipal, Lobbying, and Administrative Law. Mr. Jurusik received his BA from Hamilton College and his JD from the Loyola University Chicago 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.
Marron Mahoney
Marron Mahoney
Marron Mahoney is a Partner at Laner Muchin, Ltd., in Chicago, where she focuses her practice on labor and employment. She received her B.A. from the University of Illinois and her J.D. from the University of Illinois College of Law.
George F. Mahoney III
George F. Mahoney III
George F. Mahoney III is a Partner at Mahoney, Silverman & Cross, LLC, in Joliet, where he focuses his practice on zoning and land development, government and municipal law, and litigation and appellate practice. He has been recognized as an Illinois Super Lawyer and as one of the Top Rated Lawyers in Land Use and Zoning by Martindale-Hubbell. He received his B.A. with high honors from Lewis University and his J.D. from DePaul University 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 focuses his practice on local government law. He has been named a Leading Lawyer by Law Bulletin Media from 2017 to the present. He is a former member of the Board of Directors of the Illinois Local Government Lawyers Association and a former Chair of its Municipal Prosecutors Group. He received his BS from Indiana University and his JD from the DePaul University College of Law, where he was an editor of the DePaul Law Review.
John M. O'Driscoll
John M. O'Driscoll
John M. O’Driscoll is a Partner based out of Tressler LLP’s Bolingbrook and Chicago offices. His practice includes representing companies and individuals in business disagreements and providing general counsel services to local governmental bodies such as municipalities, school districts, library districts, and park districts. He has been selected for inclusion in Illinois Super Lawyers for 2012 – 2014 and in Illinois Super Lawyers Rising Stars from 2008 – 2011. He has also been recognized as a Leading Lawyer by the Leading Lawyers Network. He has received the Illinois Association of Defense Trial Counsel’s President’s Award and also the Meritorious Service Award for his outstanding service as co-chair of the IDC Commercial Litigation Committee. He is the Chair of the IDC’s Local Governmental Law Committee.
Erik R. Peck
Erik R. Peck
Erik R. Peck is a Partner at Tressler LLP, in Bolingbrook, where he concentrates his practice in the representation of municipalities, municipal boards and committees, townships, and other special districts. With a local government law practice extending over 30 years, Peck has had extensive experience in planning and zoning matters, fire and police commission matters, intergovernmental agreements, economic development, boundary disputes, and drafting and negotiating leases. He is a member of the Chicago Bar Association and the Association of Certified Anti-Money Laundering Specialists. He received his J.D. from the Thomas M. Cooley Law School and his B.S. from Valparaiso University.
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.
David J. Silverman
David J. Silverman
David J. Silverman is a Partner and Founding Member of Mahoney, Silverman & Cross, LLC, in Joliet, where his practice focuses on local government, tax increment financing, and land use. 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 received his B.A. from Lewis University and his J.D. with high distinction from University of Illinois Chicago School of Law.
Gregory T. Smith
Gregory T. Smith
Gregory T. Smith is a Partner at Elrod Friedman LLP in Chicago, where he concentrates his practice in economic development, local government, and real estate. He is a member of the Illinois Municipal League’s Home Rule Attorneys Committee, the Illinois State Bar Association’s Local Government Law Section Council, and the Illinois Local Government Lawyers Association. Mr. Smith received his BS from DePaul University and his JD from the Chicago-Kent College of Law.
M. Neal Smith, Jr.
M. Neal Smith, Jr.
M. Neal Smith, Jr., is a Partner at Robbins Schwartz in Lisle and Rockford, where he concentrates his practice on commercial law, construction law, litigation, municipal law, real estate development, zoning, and planning and land use. He is a member of the American, Chicago, and Illinois Bar Associations. Mr. Smith received his B.A. from Hampden-Sydney College and his J.D. cum laude from Northern Illinois University College of Law.
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.
Scott F. Uhler
Scott F. Uhler
Scott F. Uhleris a Partner at Klein, Thorpe and Jenkins, Ltd., in Chicago, where he concentrates his practice in school, municipal, and election law. He is a member of the Illinois Municipal League, the National and Illinois Councils of School Attorneys, and the Illinois Local Government Lawyers Association. Uhler received his B.S.W and M.S.W. from the University of Illinois Chicago, and received his J.D. from DePaul University College of Law.
Christine A. Walczak
Christine A. Walczak
Christine A. Walczak is an associate at Tressler LLP in Chicago, where she counsels municipalities; park, school, and library districts; and other governmental entities on matters including legislative policy, zoning and land use, real estate transactions, special education, licensing, personnel policies, and compliance with the Illinois Freedom of Information Act and the Open Meetings Act. She has been recognized as a Rising Star by Illinois Super Lawyers every year since 2018 and is a member of the Illinois Municipal League. Ms. Walczak received her B.A. from the University of Illinois at Urbana-Champaign and her J.D. from the University of Illinois College of Law.
John J. Zimmermann
John J. Zimmermann
John J. Zimmermannis 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 the 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.

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Land Use Law: Practice and Procedure (ARCHIVED 2021 EDITION)

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Thomas P. Bayer

Scott R. Borstein

Elizabeth L. Butler

Ronald S. Cope

Mariah F. DiGrino

Kathleen Elliott

James V. Ferolo

Joseph P. Gattuso

Jason A. Guisinger

Jack Guthman

James J. Hess

Michael T. Jurusik

Patrick A. Lucansky

Marron Mahoney

George F. Mahoney III

Michael A. Marrs

John M. O'Driscoll

Erik R. Peck

Jamie A. Robinson

David J. Silverman

Gregory T. Smith

M. Neal Smith, Jr.

Jeffrey M. Stein

Scott F. Uhler

Christine A. Walczak

John J. Zimmermann

Land Use Law: Practice and Procedure (ARCHIVED 2021 EDITION)