Village of Bartlett Declared "Unreasonable"
08-25-2000
A recent Circuit Court decision in the case of Lou-Jake, Inc. and Illini Partners VII v.Village of Bartlett, Case No. 99 CH 10830, found in favor of the plaintiff to immediately grant Illini Partners a zoning permit for their proposed real estate development to be located on the southwest corner of Illinois State Highway Route 59 and Schick Road in the Village of Bartlett. In a ruling by Judge Julia M. Nowicki, the court found that the Village's refusal to grant a special use permit was "unreasonable, arbitrary and without substantial relation to the public health, safety, comfort, morals or general welfare." The Chicago-based law firm of Novack and Macey successfully represented the plaintiffs.
According to Novack and Macey partner Donald A. Tarkington, "This decision is particularly noteworthy because courts will not overturn the decisions of elected officials without a clear showing that those officials acted in an unreasonable and arbitrary manner."
The complaint was filed by the plaintiffs, Lou-Jake, Inc. and Illini Partners. The property is part of a vacant 7.6 acre parcel which is zoned commercial. The developers planned to build a 7-Eleven/Citgo operation and applied to the Village for a special use permit allowing the sale of gasoline on the property. The Village staff and the Zoning Board of the Village of Bartlett all recommended approval of the permit.
When the development was brought before the Board of Trustees of Bartlett, they rejected the developers' request for a permit, which left the plaintiffs in a precarious position. The municipality's rejection of the special use permit request led the developers to court, where they claimed that the Village of Bartlett's refusal to grant the special use permit was unreasonable and arbitrary.
The judge found in favor of the plaintiffs, finding that the proposed use of the property as a 7-Eleven/Citgo was reasonable and that the refusal to issue the permit allowing the plaintiffs to use the property as described was unreasonable. The Village was ordered to grant zoning approval immediately to allow the plaintiffs to develop the property as originally planned and to reimburse the plaintiffs for the costs incurred in the suit.
According to Novack and Macey partner, Stephen Novack, "This decision confirms that the courts will not allow local zoning authorities to run roughshod over the rights of property owners. With a well conceived presentation to the Court demonstrating the unreasonableness of a zoning decision, a property owner can "beat city hall" and overturn that decision.
Founded in 1984, Novack and Macey is a litigation firm that concentrates on complex commercial cases. The firm has successfully represented clients in a wide variety of business disputes, including matters involving land use, banking, contracts, class actions, RICO, securities, real estate, partnerships and close corporations, antitrust, insurance coverage, environmental matters, business torts and employment-related issues. Novack and Macey attorneys have honed their skills in courtrooms, mediations and arbitrations nationwide. Clients include corporations, institutions, investment ventures, partnerships and individuals, as well as the United States Government.
For further information about Lou-Jake, Inc. and Illini Partners VII vs. Village of Bartlett, Case No. 99 CH 10830, please contact Donald A. Tarkington, Esq., at 312-419-6900.
According to Novack and Macey partner Donald A. Tarkington, "This decision is particularly noteworthy because courts will not overturn the decisions of elected officials without a clear showing that those officials acted in an unreasonable and arbitrary manner."
The complaint was filed by the plaintiffs, Lou-Jake, Inc. and Illini Partners. The property is part of a vacant 7.6 acre parcel which is zoned commercial. The developers planned to build a 7-Eleven/Citgo operation and applied to the Village for a special use permit allowing the sale of gasoline on the property. The Village staff and the Zoning Board of the Village of Bartlett all recommended approval of the permit.
When the development was brought before the Board of Trustees of Bartlett, they rejected the developers' request for a permit, which left the plaintiffs in a precarious position. The municipality's rejection of the special use permit request led the developers to court, where they claimed that the Village of Bartlett's refusal to grant the special use permit was unreasonable and arbitrary.
The judge found in favor of the plaintiffs, finding that the proposed use of the property as a 7-Eleven/Citgo was reasonable and that the refusal to issue the permit allowing the plaintiffs to use the property as described was unreasonable. The Village was ordered to grant zoning approval immediately to allow the plaintiffs to develop the property as originally planned and to reimburse the plaintiffs for the costs incurred in the suit.
According to Novack and Macey partner, Stephen Novack, "This decision confirms that the courts will not allow local zoning authorities to run roughshod over the rights of property owners. With a well conceived presentation to the Court demonstrating the unreasonableness of a zoning decision, a property owner can "beat city hall" and overturn that decision.
Founded in 1984, Novack and Macey is a litigation firm that concentrates on complex commercial cases. The firm has successfully represented clients in a wide variety of business disputes, including matters involving land use, banking, contracts, class actions, RICO, securities, real estate, partnerships and close corporations, antitrust, insurance coverage, environmental matters, business torts and employment-related issues. Novack and Macey attorneys have honed their skills in courtrooms, mediations and arbitrations nationwide. Clients include corporations, institutions, investment ventures, partnerships and individuals, as well as the United States Government.
For further information about Lou-Jake, Inc. and Illini Partners VII vs. Village of Bartlett, Case No. 99 CH 10830, please contact Donald A. Tarkington, Esq., at 312-419-6900.