American National Bank & Trust Co. v. Village of Arlington Heights

450 N.E.2d 898, 115 Ill. App. 3d 342, 71 Ill. Dec. 210, 1983 Ill. App. LEXIS 1892
CourtAppellate Court of Illinois
DecidedJune 2, 1983
Docket82-416
StatusPublished
Cited by21 cases

This text of 450 N.E.2d 898 (American National Bank & Trust Co. v. Village of Arlington Heights) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American National Bank & Trust Co. v. Village of Arlington Heights, 450 N.E.2d 898, 115 Ill. App. 3d 342, 71 Ill. Dec. 210, 1983 Ill. App. LEXIS 1892 (Ill. Ct. App. 1983).

Opinion

JUSTICE JIGANTI

delivered the opinion of the court:

This action requires judicial interpretation of a zoning ordinance enacted by the defendant, Village of Arlington Heights (the Village). Section 1 of the ordinance provides for the reclassification of the property from a single-family (R — 1) zoning classification to a general business district (B — 2) classification and further provides that this change be indicated upon the zoning district map. Section 2 approves a 110,000 square foot planned development. Section 3 provides that the planned development shall be constructed in substantial compliance with plans already prepared by a certain architectural firm. Section 4 gives a detailed description of the nature of the planned development and provides that the development shall be subject to several conditions, among them condition No. 10, which states: “That the construction and development shall commence no later than one (1) year after the date of this ordinance and be completed within five years of the date hereof.” The one-year time period had expired when the plaintiff, a successor to the original promoter of the planned development project, abandoned the planned development and sought a building permit for another commercial use which would require that the property be zoned generally as B — 2. The Village denied the permit, contending that because the time requirement was not met, the property consequently reverted to its previous R — 1 zoning classification. The plaintiff subsequently filed a petition before the Arlington Heights Planning Commission to rezone the property from R — 1 to B — 2. The petition was denied.

The plaintiff filed a complaint for declaratory judgment, injunctive relief and a writ of mandamus in the circuit court. Count I of the complaint sought a declaratory judgment that the zoning reclassification section of the ordinance continued to operate in full force and effect and that therefore, the property maintained a B — 2 zoning classification. Count II sought a declaratory judgment that the Village was estopped from asserting that the property fell under any other than a B — 2 classification because certain affirmative actions were taken by the Village which induced the justifiable reliance of the plaintiffs upon the B — 2 classification. Count III sought a writ of mandamus compelling the Village to issue the necessary building permits. The circuit court dismissed all three counts of the plaintiffs’ complaint for failure to state a cause of action On appeal, the plaintiffs raise the same three issues and ask this court to remand their case to the trial court for further proceedings.

The first issue advanced by the plaintiffs is whether the zoning reclassification section of the ordinance continues to operate in full force and effect. Specifically, the plaintiffs argue that section 1 of the ordinance is not subject to any conditions and most importantly, is not subject to condition No. 10 of section 4, which provides that construction must commence within one year of the date of the ordinance. The plaintiffs admit that they did not comply with the one-year requirement or with the developmental specifications but argue that this is irrelevant because section 1 is severable from the rest of the ordinance. The plaintiffs essentially contend that the designation of the property as a B — 2 district in section 1 operates independently of the other sections of the ordinance and that therefore the property remains under a B — 2 classification even if the conditions set forth in the other sections fail.

The rules that govern the construction of statutes also apply to the construction of ordinances. (City of East St. Louis v. Union Electric Co. (1967), 37 Ill. 2d 537, 229 N.E.2d 522.) A statute or ordinance must be construed “to give it efficient operation and effect as a whole.” (S. Bloom, Inc. v. Korshak (1972), 52 Ill. 2d 56, 65, 284 N.E.2d 257, 263.) “The legislative intent must be gathered from the entire act rather than from one clause, sentence or section thereof, and courts may not confine their attention to the one part or section to be construed.” (Illinois Bell Telephone Co. v. Ames (1936), 364 Ill. 362, 365-66, 4 N.E.2d 494, 496.) If we examine the ordinance as a whole in the instant case, there is nothing to indicate that the rezoning classification section is severable from the other sections of the ordinance. The conclusion that the plaintiffs ask us to reach would require that we consider an isolated section out of the context of the entire ordinance. This we cannot do. Where this single ordinance is considered in its entirety, we believe that the rezoning provision was necessarily conditioned upon certain developmental specifications and time limitations.

The plaintiffs raise four arguments which they contend support their conclusion that section 1 is severable from the rest of the ordinance. We fail to find these arguments convincing for the reasons set out below. First, the plaintiffs contend that the rezoning classification section is not referred to in any other section of the ordinance and that it therefore is merely a general rezoning provision. However, this argument ignores the rule of construction set forth above that requires us to consider an ordinance as a homogenous whole rather than as the sum of a number of isolated sections. The mere fact that other sections of the ordinance do not specifically refer to section 1 does not in any way serve to divorce section 1 from its status as one of several interrelated provisions.

Second, the plaintiffs correctly point out that any ambiguity in a zoning ordinance must be decided in favor of the property owner. (Lubershane v. Village of Glencoe (1978), 63 Ill. App. 3d 874, 380 N.E.2d 890.) However, this argument presupposes that we find the instant ordinance to be ambiguous and, because we do not, it is unnecessary for us to utilize this rule of construction. Third, the plaintiffs properly observe that a property owner should be able to rely upon the terms used in a zoning ordinance to mean what they are commonly understood to mean. (County of Lake v. Gateway Houses Foundation, Inc. (1974), 19 Ill. App. 3d 318, 311 N.E.2d 371.) While we recognize the soundness of this rule, we do not agree with the plaintiffs’ conclusion that the only commonly understood meaning of the ordinance is that section 1 should be read in isolation of all of the other sections. Again, we are bound to construe the ordinance as a whole and cannot examine section 1 in a vacuum as the plaintiffs suggest we do. The final severability argument advanced by the plaintiffs is that the use of commas in the preamble 1 of the ordinance indicates that the rezoning classification section is severable from all other sections of the ordinance. After a reading of the preamble, however, we find this argument to be meritless. The use of commas merely makes the preamble readable and in no way changes the intent or purpose of the ordinance.

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Bluebook (online)
450 N.E.2d 898, 115 Ill. App. 3d 342, 71 Ill. Dec. 210, 1983 Ill. App. LEXIS 1892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-national-bank-trust-co-v-village-of-arlington-heights-illappct-1983.