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Shipp v. County of Kankakee

December 16, 2003

DONALD SHIPP, CHERYL SHIPP, THEODORE RIETVELD, JOAN RIETVELD, PARK CITY MOBILE HOMES, INC., PLAINTIFFS-APPELLEES,
v.
COUNTY OF KANKAKEE, AN ILLINOIS MUNICIPAL CORPORATION, AND VILLAGE OF BOURBONNAIS, AN ILLINOIS MUNICIPAL CORPORATION, DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of the 21st Judicial Circuit Kankakee County, Illinois. No. 98-MR-143 Honorable Fred S. Carr, Jr., Judge, Presiding

The opinion of the court was delivered by: Justice Lytton

UNPUBLISHED

Plaintiffs filed an application for a special use permit and variance with the County of Kankakee, in order to develop a manufactured home park. The county denied the permit, causing plaintiffs to file a complaint for declaratory judgment, claiming that the county unconstitutionally denied their special use permit application and that the village improperly denied them sewer service. The circuit court ordered the county to grant the permit application. We reverse.

Plaintiffs are the owners and contract purchasers of a 158 acre parcel of land in Kankakee County. Plaintiffs intended to develop the land into a manufactured home park containing nearly 700 residential sites. A manufactured home park is permitted as a special use in Kankakee County. Under the county zoning code, a party must file an application for a special use permit for any proposed manufactured home park construction.

The zoning code provides that applicants must include the following information in the permit application:

a. Name and address of applicant.

b. Location and legal description of the proposed manufactured home park.
c. Plans and specifications of the proposed manufactured home park development including but not limited to the following:

1. Map including area and dimensions of tract of land;

2. Number, location and size of home sites;

3. Location and width of public and private streets, roadways, and walks;
4. Location of all water, storm sewer and sanitary sewer lines, water supply, and refuse and sewage disposal facilities;
5. All buildings existing or to be constructed within the park;
6. Location of internal lighting and electrical systems. Kankakee County Zoning Ordinance ยง 6.03(U) ...

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