97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1055

 

Introduced 02/03/11, by Rep. Darlene J. Senger

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-12012.1

    Amends the Counties Code. Establishes procedural rules that apply when a county makes a decision in regard to any petition or application for special use, variance, rezoning, or other amendment to a zoning ordinance that is subject to judicial review because of an action brought by an interest party. Defines interested party to mean the petitioner, the county, any unit of government having jurisdiction over the territory that is the subject of the petition, or any person or entity required to be given notice of the public hearing by mail. Sets forth the due process procedures concerning notice, subpoenas, the right to present evidence at a hearing, and meetings for purposes of case management. Effective immediately.


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A BILL FOR

 

HB1055LRB097 06364 KMW 46445 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-12012.1 as follows:
 
6    (55 ILCS 5/5-12012.1)
7    Sec. 5-12012.1. Actions subject to de novo review; due
8process.
9    (a) Any decision by the county board of any county, home
10rule or non-home rule, in regard to any petition or application
11for a special use, variance, rezoning, or other amendment to a
12zoning ordinance shall be subject to de novo judicial review as
13a legislative decision, regardless of whether the process in
14relation thereto is considered administrative for other
15purposes.
16    (b) Notwithstanding the limitations period set forth in
17Sections 5-12007 and 5-12009, any Any action seeking the
18judicial review of such a decision shall be brought by an
19interested party commenced not later than 90 days after the
20date of the decision, and after giving 5 days' written notice
21to the corporate authorities, by filing a complaint for review
22of the zoning decision in the circuit court. The case shall be
23set for early hearing as in the case of a motion.

 

 

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1    (c) (b) The principles of substantive and procedural due
2process apply at all stages of the decision-making and review
3of all zoning decisions. In accordance with those principles:
4        (1) notice shall be given as required by the statute
5    governing the zoning relief requested, or as may otherwise
6    be legally required;
7        (2) the Chairman of the Board, commission, or other
8    hearing body, or the hearing officer, shall consider any
9    request for subpoenas, and may issue subpoenas that are
10    reasonably expected to lead to relevant documents or
11    testimony; subpoenas shall be enforceable only against
12    persons or for documents which have a substantial
13    evidentiary connection with (i) the property that is the
14    subject of the zoning petition, (ii) facts that support or
15    negate the requisite legal standards for granting the
16    zoning relief sought in the petition, and (iii) facts that
17    support or negate the conclusion that property owned or
18    resided upon by interested parties will be substantially
19    affected by the outcome of the decision on the petition;
20    all matters relating to subpoenas concerning particular
21    zoning relief, including all enforcement and motions to
22    quash, shall be heard in a single action to be filed not
23    later than 14 days after the date of a decision on the
24    issuance of subpoenas, however, the court obtaining
25    jurisdiction over any such matter may retain jurisdiction
26    until the disposition of the case by the county; service of

 

 

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1    those subpoenas shall be made in the same manner as summons
2    in a civil action;
3        (3) at the hearing on the petition, all interested
4    parties shall have the right to present evidence and
5    witnesses on their behalf, subject to reasonable
6    limitations as to time, relevance to the legal standards in
7    issue applicable to the zoning relief sought in the
8    petition, redundancy, and the efficiencies of an orderly
9    proceeding;
10        (4) at the hearing on the petition, interested parties
11    shall have the right to question the petitioner and other
12    interested parties, subject to reasonable limitations as
13    to time, relevance to the legal standards in issue
14    applicable to the zoning relief sought in the petition,
15    redundancy, and the efficiencies of an orderly proceeding;
16    and
17        (5) the Chairman of the Board, commission, or other
18    hearing body, or the hearing officer, may, before or during
19    the hearing, convene a meeting of the interested parties
20    for purposes of case management and establishing a
21    pre-hearing or hearing plan to govern the presentation of
22    testimony and other evidence, questioning, relevance, time
23    limitations, and other reasonable considerations that
24    promote an efficient and orderly hearing; any and all
25    objections relating to a hearing plan or other rules
26    established for hearings, pursuant to this paragraph,

 

 

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1    shall be waived unless made at the meeting and shall be
2    subject to judicial review in a single action that must be
3    filed no later than 7 days after the date the hearing plan
4    or rules are established, however, the court obtaining
5    jurisdiction over any such matter may retain jurisdiction
6    until the disposition of the case by the county.
7    (d) For purposes of this Section, an "interested party"
8means the petitioner, the county, any unit of government having
9jurisdiction over the territory that is the subject of the
10petition, or any person or entity required to be given notice
11of the public hearing by mail.
12(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.