In the Zone: Court Rejects "Equitable Estoppel" Claim of Property Owner
An Illinois Appellate Court ruled in favor of a municipality in a case brought by a property owner challenging the municipality's zoning decisions relating to the owner's commercial uses of property zoned in a Conservation zoning district. Deepe v. Village of Swansea Planning & Zoning Board.
The owner of two parcels of property applied for a zoning compliance certificate and construction permit to operate a commercial business on land zoned in the Conservation district. Over several years, the owner applied for and received permits and permission from the municipality to operate his business. After neighbors complained about the operation of the lawncare and storage businesses on the two parcels, the municipality notified the owner that his uses were nonconforming and he needed to bring his operations into compliance with the zoning regulations. The owner appealed the order to the zoning board, which ruled in favor of the municipality. He then appealed to the circuit court, which ruled in favor of the owner with respect to one of the parcels, finding that the municipality was "equitably estopped" from enforcing its regulations. However, the court found in favor of the municipality with respect to the second parcel. Both parties appealed to the Appellate Court.
On appeal, the Appellate Court reversed the trial court's ruling in favor of the owner on his equitable estoppel claim. The Court first determined that the two parcels were zoned in the Conservation district, and the owner never applied for a rezoning to a more appropriate district. Second, the owner knew and even acknowledged that the Conservation district did not allow a storage business so he could not rely on any acquiescence by the municipality. Third, the Court acknowledged that while the municipality could have been more forceful in its enforcement, "slow enforcement" would not support an estoppel claim. In sum, the Court found in favor of the municipality, holding that the owner could not establish an "equitable estoppel" claim for its use of either parcel.
There was a dissenting opinion that would have ruled in favor of the property owner on his equitable estoppel claims based on the actions of municipal officials and employees over the years with respect to the owner's uses.
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