Real Assets - Real Value

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Real Assets - Real Value

A Landmark Change in Illinois Zoning Law: The Klaeren Case

In October 2002, the Illinois Supreme Court sent shock waves through the development community and municipal governments in overturning long-standing Illinois land use law concerning the nature of special use permit decisions. In People ex rel. Klaeren v. Village of Lisle, 202 Ill.2d 164 (2002), the Court made two rulings that are worth noting: (1) decisions by municipal governments on special use permits are quasi-judicial decisions and not legislative decisions; and (2) parties interested in such proceedings cannot be denied the right to present evidence and cross-examine witnesses appearing at public hearings. For all those working in real estate, it is important to understand the Supreme Court's ruling in Klaeren and the implications for the future.

Historical Background

Prior to the Klaeren decision...

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