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Case Law: Contract Rescission
August 11, 2004 by dwagner · Leave a Comment
Where oil company discovered after entering into contract to sell former gas station that it would have to pay as much as $1 million to correct environmental damage, it could not escape contract based on mutual mistake of fact; mistake was only unilateral as to cleanup costs, and seller should have known of such potential costs. Read More…
Case Law: Car Repair Shops
August 8, 2004 by dwagner · Leave a Comment
Neither the oral assurances of a City of Chicago zoning department employee that the plaintiff could properly operate a car repair shop as a non-conforming use in a residential area nor the issuance and renewal of the plaintiff’s business license constituted an affirmative act by the city that would estop the city from later enforcing its zoning ordinance to prevent the plaintiff’s non-conforming use. Read More…
Choice of Zoning Ordinance Review 2003 or 2004
August 2, 2004 by lseggelke · Leave a Comment
As of August 2, 2004, you may choose to have development project review under the new Chicago Zoning Ordinance or the current Ordinance. Read More…
Case Law: Civil Procedure – Trees
August 1, 2004 by dwagner · Leave a Comment
Trial court erred in overruling objections to defense counsel’s improper claims about damages in closing argument because statements may have led jury to reach inappropriate award; where jury instructions were sufficiently clear, trial court did not err in instructing jurors that damages for trees defendants allegedly cut down would be trebled pursuant to applicable statute. Read More…
Updated Mechanical Code in Effect July 28, 2004
July 28, 2004 by lseggelke · Leave a Comment
The new Mechanical Code, which can be found in the Chicago Building Code, is in effect as of July 28, 2004. Read More…
Case Law: Attorney Approval Clause
July 25, 2004 by dwagner · Leave a Comment
Under attorney approval clause in a real estate contract, an attorney need not state reasons for his disapproval of a contract because the attorney’s right to disapprove is a wholly proper exercise of his judgment, limited only by good faith. Read More…
Case Law: Proximity of Adult Entertainment to Church
July 19, 2004 by dwagner · Leave a Comment
In determining whether defendants violated statute prohibiting adult entertainment facility from being within 1,000 feet of church, trial court correctly held that measurement should be from property line to property line, not from church property line to boundary of defendants’ leasehold on property where business was to be located, which was more than 1,000 feet from church property line. Read More…
Case Law: Non-Conforming Cemetery
July 19, 2004 by dwagner · Leave a Comment
Under village zoning ordinance, a new mausoleum in plaintiff’s existing non-conforming cemetery is an extension or enlargement of the non-conforming use and therefore requires a special-use permit. Read More…
Case Law: Repeal by Implication
July 19, 2004 by dwagner · Leave a Comment
Trial court erred in finding that McHenry County ordinance governing surface mining operations was repealed by implication by state Environmental Protection Act. The Illinois Supreme Court has reversed a ruling by the Appellate Court. Read More…
Developers to pass on costs of Will County developer fees
July 15, 2004 by matt · Leave a Comment
On Thursday, July 15, the Will County Board approved a new set of residential developer fees to help pay for school construction, which has mostly been funded by property taxpayers. Read More…
