Narrative Opinion Summary
This zoning dispute involved 1350 Lake Shore Associates (LSA) and the City of Chicago, centered on LSA's efforts to obtain approvals for a high-rise development under the Residential Planned Development 196 (RPD 196). The City had enacted a down-zoning ordinance reverting the property to 'R6 General Residence District,' which prohibited high-rise construction. LSA's initial complaints sought a writ of mandamus for Part II Approval, a declaration voiding the down-zoning ordinance, and injunctive relief against its enforcement. The trial court denied LSA's claims, ruling that LSA had no reasonable expectation of obtaining Part II Approval initially and had not made substantial expenditures in good faith reliance. The appellate court reversed the trial court's decision, mandating Part II Approval issuance, yet the trial court maintained LSA's lack of entitlement to a zoning certificate and building permit. On remand, the trial court must determine if LSA incurred expenses in good faith reliance on the zoning approvals, which could establish vested rights despite the down-zoning ordinance. The decision was partially affirmed and reversed, with directions for further factual findings and proceedings.
Legal Issues Addressed
Declaratory Judgment on Zoning Rightssubscribe to see similar legal issues
Application: The trial court granted a declaratory judgment that LSA was not entitled to a zoning certificate or building permit for its plans.
Reasoning: The court granted the intervenors' declaratory judgment that LSA is not entitled to a zoning certificate or building permit for its submitted plans.
Mandamus for Part II Approvalsubscribe to see similar legal issues
Application: The appellate court ultimately directed the issuance of a writ of mandamus for LSA's Part II Approval after reversing the trial court’s denial.
Reasoning: On November 29, 2001, the appellate court reversed the trial court's ruling and ordered the issuance of a writ of mandamus for Part II Approval.
Pending Ordinance Doctrine in Zoning Approvalsubscribe to see similar legal issues
Application: The trial court's incorrect application of the pending ordinance doctrine to LSA's Part II Approval application was identified as an error.
Reasoning: Instead, the error identified was the trial court's application of the pending ordinance doctrine inappropriately concerning a Part II Approval application.
Vested Rights Doctrine in Zoning Lawsubscribe to see similar legal issues
Application: The court evaluated whether LSA's expenditures created vested rights to a zoning certificate and building permit despite the down-zoning ordinance.
Reasoning: If LSA incurred significant expenses in good faith reliance on the previous permit, it may have vested rights to issuance, regardless of the timing of the application.
Zoning Certificate Under Chicago Zoning Ordinancesubscribe to see similar legal issues
Application: The court addressed the requirements for obtaining a zoning certificate, emphasizing that the Zoning Administrator must confirm compliance with the ordinance before issuance.
Reasoning: The Chicago Zoning Ordinance mandates that the Zoning Administrator issue zoning certificates, which confirm compliance with the ordinance.