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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2014
Introduced 2/7/2008, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Municipal Code. Provides that any decision by the corporate authorities of any municipality regarding any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance (instead of any special use, variance, rezoning, or other amendment to a zoning ordinance adopted by the corporate authorities of the municipality) is subject to de novo judicial review.
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A BILL FOR
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SB2014 |
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LRB095 14873 HLH 40815 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by |
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| changing Section 11-13-25 as follows: |
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| (65 ILCS 5/11-13-25) |
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| Sec. 11-13-25. Actions subject to de novo review; due |
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| process.
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| (a) Any decision by the corporate authorities of any |
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| municipality, home rule or non-home rule, in regard to any |
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| petition or application for a special use, variance, rezoning, |
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| or other amendment to a zoning ordinance adopted by the |
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| corporate authorities of any municipality, home rule or |
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| non-home rule, shall be subject to de novo judicial review as a |
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| legislative decision, regardless of whether the process in |
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| relation thereto of its adoption is considered administrative |
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| for other purposes. Any action seeking the judicial review of |
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| such a decision shall be commenced not later than 90 days after |
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| the date of the decision. |
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| (b) The principles of substantive and procedural due |
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| process apply at all stages of the decision-making and review |
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| of all zoning decisions.
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| (Source: P.A. 94-1027, eff. 7-14-06.)
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