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Tuesday, June 13, 2023

New Law Modifies "Parties of Record" in Challenges to Historic Preservation and Architectural Review Decisions

The Illinois Governor recently signed P.A. 103-0067 into law amending the Administrative Review Law to modify who the "parties of record" are that must be named as defendants in an administrative review of a historic preservation or architectural review decision of a local commission or board.

Prior to this legislation being enacted, interested persons who appeared before a historic preservation or architectural/design review board or commission were named as defendants in any administrative review action before a circuit court to challenge the board or commission's decision. This new law will treat interested persons who appear before historic preservation or appearance review boards or commissions the same as those persons who appear before a zoning board of appeals, meaning they will no longer have to be named as defendants in the lawsuit challenging the adminsitrative decision.

Note that the new law does require the person who files a lawsuit to challenge the decision of the historic preservation or architectural review board or commission to provide notice to those persons who appeared at and provided oral testimony or written testimony at the board or commission informing them of the filing of the lawsuit and their right to intervene in the lawsuit, if they choose to do so.


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