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Aurora Nat'l Bk. v. City of Aurora

OPINION FILED MARCH 14, 1980.

THE AURORA NATIONAL BANK OF AURORA ET AL., PLAINTIFFS-APPELLEES,

v.

THE CITY OF AURORA, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Kane County; the Hon. JOHN S. PAGE, Judge, presiding.

MR. JUSTICE LINDBERG DELIVERED THE OPINION OF THE COURT:

Defendant, city of Aurora, brings this appeal from an order of the Circuit Court of Kane County declaring an amendment to the city's zoning ordinance invalid as applied to property owned by plaintiffs, Aurora National Bank and Lavern Schramer. The central issue is whether the city substantially complied with notice and other procedural requirements in adopting the amendatory ordinance. We hold it did and therefore reverse the order of the Circuit Court of Kane County.

On November 7, 1977, the planning and development committee of the Aurora city council proposed an amendment to the city's zoning ordinance changing the classification of property in a two-block area from manufacturing and multifamily to one- and two-family residential. Notice of a public hearing on the proposed "down-zoning" was mailed to all affected property owners, including plaintiffs, on December 23 and was later published in a local newspaper pursuant to section 11-13-14 of the Illinois Municipal Code (Ill. Rev. Stat. 1977, ch. 24, par. 11-13-14). The notice stated in relevant part as follows:

"Notice is hereby given of a public hearing being held in the Aurora City Council Chambers, 44 East Downer Place, Aurora, Illinois, on Wednesday, January 11, 1978 at 7:00 p.m. (local time) by the Aurora Planning Commission to consider the adoption of a comprehensive zoning map amendment and a rezoning affecting certain properties within the following general area:

— the block bounded by Lincoln Avenue, Concord Street, and Evans Avenue; and

— the western one-half of the block bounded by Evans Avenue, Concord Street, Simms Street, and Logan Street

The general areas of the proposed zoning map amendment and rezoning are legally described as follows:

— All of Langworth and Hoffman's Subdivision of Simm's Addition;

— Lots 5, 6, 7, 8, 11, 12, 15, 16, 19, 20, 23, 24, and 27 in Block 4 of H.H. Evans 2d Addition

All within the City of Aurora, Kane County, Illinois.

Certain properties within the area bounded by Lincoln Avenue, Concord Street and Evans Avenue may be rezoned from their present zoning classification of R-5 Multiple-family District to the R-4 Two-family District if they are currently in Multiple-family or Two-family use or to the R-3 Single-family District if they are currently in Single-family use.

Certain properties within the western one-half of the block bounded by Evans Avenue, Concord Street, Simms Street, and Logan Street may be rezoned from their present zoning classification of M-1 Manufacturing District Limited to the R-4 Two-family District if they are currently in Multiple-family or Two-family use, or to the R-3 Single-family District if they are currently in Single-family use.

YOUR PROPERTY MAY BE RECOMMENDED FOR REZONING

You are invited to examine a detailed map showing the proposed rezonings at the offices of the Aurora Planning Department, 49 East Downer Place, Aurora, Illinois, and the Aurora City Clerk's Office, 44 East Downer Place, (City Hall building), Aurora, Illinois, during regular business ...


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