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N. State, Astor, Lake Shore Dr. Ass'n v. Chicago

DECEMBER 30, 1970.

NORTH STATE, ASTOR, LAKE SHORE DRIVE ASSOCIATION ET AL., PLAINTIFFS-APPELLANTS,

v.

THE CITY OF CHICAGO ET AL., DEFENDANTS-APPELLEES — (CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NO. 49884, INTERVENOR-APPELLEE.)



APPEAL from the Circuit Court of Cook County; the Hon. GEORGE N. LEIGHTON, Judge, presiding.

MR. PRESIDING JUSTICE GEORGE J. MORAN DELIVERED THE OPINION OF THE COURT:

This is a suit to declare invalid an ordinance of the City of Chicago rezoning certain property from an R-7 to an R-8 classification on the ground that no public hearing was held prior to the adoption of the ordinance. R-8 zoning permits the erection of a building of substantially greater bulk, floor area and occupancy than that permitted under R-7 zoning. The plaintiffs are residents and property owners in the immediate vicinity of the property and the North State, Astor, Lake Shore Drive Association, a not-for -profit corporation. The trial court entered a summary judgment against plaintiffs on Count I which sought to declare the ordinance void for lack of public hearing, from which judgment plaintiffs appeal.

Municipal zoning ordinances in Illinois are enacted pursuant to the provisions of the Cities and Villages Act which authorizes corporate authorities to adopt zoning regulations and provides for the amendment of those regulations as follows Ill. Rev. Stat. (1967), ch. 24, par. 11-13-14:

"The regulations imposed and the districts created under the authority of this Division 13 may be amended from time to time by ordinance after the ordinance establishing them has gone into effect, but no such amendments shall be made without a hearing before some commission or committee designated by the corporate authorities. Notice shall be given of the time and place of the hearing, not more than 30 nor less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers published in the municipality, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the municipality. * * *"

Pursuant to this provision, the Chicago Zoning Ordinance (Municipal Code of Chicago, Chap. 194-A, Sec. 11.9-1) authorizes the City Council to adopt amendments to the Zoning Ordinance providing, however, that:

"* * * no such amendments shall be made without a public hearing before the Committee on Buildings and Zoning of the City Council."

Notice of the time and place of the public hearing must be given by the City Clerk not more than thirty nor less than fifteen days before the hearing by newspaper publication Sec. 11.9-6.

• 1 An amendment to a zoning ordinance passed without a public hearing is void. Cosmopolitan National Bank v. City of Chicago (1963), 27 Ill.2d 578; Treadway v. City of Rockford (1962), 24 Ill.2d 488, 496.

The amendment in question was properly called before the Committee on Buildings and Zoning at a public hearing on October 6, 1966. At that time the Executive Director of the Greater North Michigan Avenue Association advised the Chairman of the Committee that he was authorized on behalf of the applicant to ask that the public hearing be continued. Counsel for certain objectors represented to Chairman Metcalfe that the developer had said they would put the matter over until the next hearing and joined in the request for a continuance. The Chairman then stated: "Requests have been made of the Chairman that we continue this matter, reschedule it for another hearing. What is the pleasure of the Committee?"

Alderman Fitzpatrick: "I so move."

Chairman Metcalfe: "That will be the order unless there are objections."

There were no objections.

On November 28, 1966, a letter was mailed to the Chairman of the Buildings and Zoning Committee signed by counsel representing certain objectors to that application and counsel representing proponents of the application stating that the matter of the application was originally scheduled for hearing before the Buildings and Zoning Committee of the City Council on October 6 and has been deferred from time to time thereafter at the request of the parties and advising Alderman Metcalfe that "the parties have agreed to continue to defer the public hearing before your Committee on this application. * * *" The parties requested that the matter be deferred until a hearing is jointly requested.

On June 21, 1967, the Department of Development and Planning, pursuant to the request of the Committee on Buildings and Zoning, advised that it had reviewed the subject amendment and concluded that, in its opinion, the proposed change in zoning constitutes an extension to the west of an R-8 zoning classification and recommended passage of the amendment. The ...


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