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Tuesday, May 26, 2015

Illinois Supreme Court Hears Bleacher Case

We have an update on the school bleachers case that we have reported on in the past. Gurba v. Community High School District No. 155. This is the case involving a high school district's installation of bleachers on property adjacent to residential backyards without obtaining the necessary zoning approvals. In defense of its actions, the school argued it was exempt from local zoning; the city and neighbors argued that state law does not exempt schools from complying with applicable local zoning. The trial and appellate courts both agreed with the city and neighbors, and the school district appealed to the Illinois Supreme Court, which heard oral argument last week.

At oral argument, counsel for the school district, city, and neighbors presented arguments in support of their positions in the case. The Justices asked very pointed questions of the school district's counsel about local regulatory control, including asking the school district whether its argued local zoning "exemption" would allow it to ignore storm water regulations, construct a 20 story building, or raise cattle on its property all in the name of "school purposes." 

If you are as interested in this case as we are, you can watch the video of the oral argument here.  It's a little less than an hour long.

We will let you know when the Court issues its ruling in this case.  And in case you forgot what the bleachers look like:

Post Authored by Julie Tappendorf


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