Nolan v. City of Taylorville
Illinois Appellate Court
95 Ill. App. 3d 1099, 420 N.E.2d 1037 (1981)
- Written by Rich Walter, JD
Facts
Thomas Bland Jr. (defendant) petitioned the City of Taylorville, Illinois (city) (defendant) to rezone Bland’s lot from R-1 (single-family residential) to R-2 (low-rise, multifamily residential) use. Bland’s lot was entirely surrounded by R-1 properties. Bland also petitioned for a special-use permit allowing the lot to be used for high-rise housing. Over opposition from Bland’s neighbors and the city planning commission, the city council approved Bland’s petitions and rezoned Bland’s lot accordingly. One of Bland’s neighbors, Vincent Nolan Jr. (plaintiff), sued to overturn the rezoning ordinances. The trial court acknowledged that Bland’s high-rise project would maximize the value of Bland’s lot. However, the court found that the project would increase traffic congestion, threaten the safety of neighborhood school children, and decrease property values for Bland’s neighbors. The court also found that several nearby R-2 properties were better situated for high-rise development. The court struck down the rezoning ordinances as arbitrary, capricious, and unrelated to the general welfare. Bland and the city appealed to the Illinois Appellate Court.
Rule of Law
Issue
Holding and Reasoning (Welch, J.)
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