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Thursday, November 17, 2016

Validity of Rezoning Action Remanded Back to Trial Court

In 2012, Logan County adopted a resolution approving a rezoning application of a parcel of land from an agricultural district to a manufacturing district, to allow limestone mining operations. Shortly thereafter, neighboring property owners filed suit to challenge the rezoning. In 2015, Logan County amended the rezoning approval. After plaintiffs filed their third amended complaint challenging the validity of the original 2012 rezoning action, the defendants filed a motion to dismiss arguing that the amendment action "mooted" plaintiffs claims because it ratified and fixed any alleged problems with the 2012 rezoning approval. The trial court agreed and dismissed the case.

On appeal, plaintiffs argued that their claims were not moot because the 2015 zoning amendment could not ratify the 2012 rezoning or otherwise classify the property into the appropriate zoning district. The appellate court agreed with plaintiffs that the 2015 amendment did not rezone the property. The court then remanded the case back to the trial court to rule on the issue of whether the 2012 rezoning approval was valid. Schreiner v. County of Logan, 2016 IL App (4th) 160122-U

Post Authored by Julie Tappendorf


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