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Raintree Homes v. Village of Long Grove

Illinois Appellate Court

906 N.E.2d 751 (2009)

Facts

Under Ill. Comp. Stat. § 11-12-5, a municipality was permitted to impose fees on housing developers to cover the costs associated with school grounds and other public areas. The village of Long Grove (the village) (defendant) had an ordinance that required housing developers to pay impact fees to the village. Building permits were not issued to housing developers until the impact fees were paid. The impact fees were used to cover the costs associated with the village’s school districts and open space. The school impact fees were not limited to expenditures for school buildings and land, and the open-space impact fees were not limited to newly acquired open space. Raintree Homes, Inc. (Raintree) (plaintiff) was a housing developer that built homes in the village. Raintree brought suit, contending that the village’s school and open-space impact fees were invalid. The trial court found that the school and open-space impact fees were both invalid. The village appealed.

Rule of Law

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Issue

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Holding and Reasoning (Jorgensen, J.)

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