City of Chicago Heights v. Living Word Outreach Full Gospel
Illinois Supreme Court
196 Ill. 2d 1, 255 Ill. Dec. 434, 749 N.E.2d 916 (2001)
- Written by Tanya Munson, JD
Facts
In 1996, Living Word Outreach Full Gospel Church and Ministries, Inc. (Living Word) (defendant) submitted an application to the City of Chicago Heights (the city) (plaintiff) for a special-use permit to provide church services on its property. Living Word’s property was located on Lincoln Highway in a B-2, or limited-service business, zoning district. Under the city’s zoning ordinance, churches were listed as a special use in B-2 districts and could locate in a B-2 district by obtaining a special-use permit from the city. The city council denied Living Word’s application for a special-use permit based on the comprehensive plan adopted by the city in 1995. The comprehensive plan targeted Lincoln Highway for development as a commercial corridor. The city council was concerned that granting an application for a special-use permit for noncommercial use, like Living Word’s application, would conflict with the comprehensive plan. Despite the denial of the special-use permit, Living Word continued to hold church services at their Lincoln Highway property. The city filed a lawsuit in circuit court and sought to permanently enjoin the church from continuing its services. Living Word filed a counterclaim, alleging that, among other claims, the city council’s denial of Living Word’s permit was arbitrary, capricious, and unreasonable because the use of the property by Living Word met the standards of the city’s zoning code. A bench trial was held, and the city argued that because the city was suffering economic problems, permitting noncommercial use within the Lincoln Highway corridor would be detrimental to surrounding commercial properties. The trial court denied the city’s request for a permanent injunction and found that Living Word had met all applicable standards for a special-use permit. The trial court’s ruling was vacated for jurisdictional reasons by the appellate court. The appellate court found in favor of the city, and Living Word appealed.
Rule of Law
Issue
Holding and Reasoning (McMorrow, J.)
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