‘As applied’ zoning term wins appeal

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 25, 2018 12:44 PM

STKE — a limited liability company that received a special-use permit from Ogle County to operate a “motor carrier facility” with garbage trucks and trash containers on land zoned for farming 100 miles west of Chicago — had a clever argument for making it more difficult for neighbors to challenge the zoning decision.The neighbors, alleging that the special-use ordinance was unconstitutional — as applied — relied on the so-called LaSalle factors. Derived from LaSalle National Bank v …

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