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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 an associate at Elrod Friedman LLP in Chicago, where she focuses her practice on land use, zoning, commercial real estate, and local government. She has been recognized as one of the 40 Under Forty Lawyers to Watch Class of 2021 by Chicago Lawyer, an Emerging Leader of the Year by Illinois Real Estate Journal (2021), and “Ones to Watch” in Real Estate Law by Best Lawyers (2022). 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, where she contributed to the Chicago-Kent Law Review and received the Dean’s Distinguished Public Service Award.
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.
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 all areas of need, including municipal redevelopment, real estate issues, governmental litigation, and general corporate matters. 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 B.A. from Northwestern University and his J.D. from 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. 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.
James J. Hess
James J. Hess
James J. Hess is Senior Counsel at Tressler LLP, in Bolingbrook, and concentrates on government and litigation matters. He represents various local government agencies, primarily as the prosecutor for misdemeanor, traffic, and administrative violations. Hess was a 2021 Super Lawyer and Rising Stars recipient.
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.
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 A. Mahoney
Marron A. Mahoney
Marron A. Mahoney is an associate at Mahoney, Silverman & Cross, LLC, in Chicago, where she concentrates her practice on corporate law, civil litigation, government law, and appeals. She is a member of the Will County and Illinois State Bar Associations and the Richard Linn Inn of Court in Chicago, served as Chair of the ISBA Young Lawyers Division from 2017 – 2018, and is on the Board of Directors for the Illinois Appellate Lawyers Association. Ms. Mahoney received two B.A. degrees from the University of Illinois at Urbana-Champaign 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 land use. He is a member of the Will County (Past President) and Illinois State Bar Associations, and he is a recipient of the ISBA Board of Governors Award. 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 with the law firm of Klein, Thorpe and Jenkins, Ltd. in Chicago, where he concentrates his practice in the general counseling of local governmental entities, including acting as village attorney and as counsel for plan commissions and zoning boards of appeal for various municipalities in Cook and the surrounding counties. Mr. Marrs advises clients on, among other things, land use and zoning matters, acquisition and sale of property, redevelopment projects, code enforcement and dealing with problem properties, contractual issues, and the preparation of ordinances and resolutions involving all municipal matters and provides general counseling on day-to-day operational and municipal matters. He is a former Board Member and a former Chair of the Prosecutor’s Group of the Illinois Local Government Lawyers Association. Mr. Marrs has been named a Leading Lawyer by Law Bulletin Media, a peer-recommended distinction awarded to fewer than five percent of attorneys in Illinois, from 2017 to present. Mr. Marrs received his B.S. from Indiana University and his J.D. from the DePaul University College of Law.
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.
Andrew S. Paine
Andrew S. Paine
Andrew S. Paine is a Partner at Tressler LLP’s local government law practice, in Chicago, and focuses his practice in the representation of Illinois park districts, municipalities, and other governmental entities in transactional and litigation related matters. Paine has been selected as an Emerging Lawyer by Illinois Leading Lawyers (2015 – present). He earned his J.D. from The John Marshall Law School and his B.A. cum laude from Beloit College.
Erik R. Peck
Erik R. Peck
Erik R. Peck is a Partner at Tressler LLP in Bolingbrook and Chicago, where his practice includes representing public sector clients such as cities, villages, and townships, as well as private sector clients on land use, zoning, and real estate matters. He is President of the Countryside Rotary Club, author of various chapters in the ILLINOIS TOWNSHIP CLERK’S HANDBOOK, and a Past President of the Illinois Institute for Local Government. He received his B.A. from Valparaiso University and his J.D. from the Western Michigan University Thomas M. Cooley Law School.
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 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.
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.
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 & 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.
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 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 A. Mahoney

George F. Mahoney III

Michael A. Marrs

John M. O'Driscoll

Andrew S. Paine

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 2021 Edition