North Cook Intermediate Service Center v. Village of Skokie

No. 99 CH 12107 (2000)

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North Cook Intermediate Service Center v. Village of Skokie

Illinois Circuit Court, Chancery Division
No. 99 CH 12107 (2000)

  • Written by Alexander Hager-DeMyer, JD

Facts

The North Cook Intermediate Service Center (center) (plaintiff) was established by the Illinois State Board of Education and operated as a branch of the state government. The center entered into a lease for property in Skokie, Illinois, to build an alternative school for at-risk students with repeated disciplinary problems. The Village of Skokie (village) (defendant) had zoning laws in place to regulate the use of village property. The village informed the center that the center needed to apply for an amendment to the zoning laws and a special-use permit to build the alternative school. The center submitted the requested applications, and the Skokie Plan Commission approved the zoning-law amendment and the special-use application. However, the village voted to overrule the decision and denied the permit and the amendment, stopping the center from being able to build. The center filed suit in Illinois Circuit Court, Chancery Division, claiming that the Illinois Constitution and the state’s school code forbade the village government from enforcing zoning regulations and stopping the building of the school. The center filed a motion for summary judgment.

Rule of Law

Issue

Holding and Reasoning (Maddox, J.)

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