Aurora National Bank v. City of Aurora

402 N.E.2d 365, 82 Ill. App. 3d 72, 37 Ill. Dec. 475, 1980 Ill. App. LEXIS 2499
CourtAppellate Court of Illinois
DecidedMarch 14, 1980
Docket79-197
StatusPublished
Cited by4 cases

This text of 402 N.E.2d 365 (Aurora National Bank v. City of Aurora) 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
Aurora National Bank v. City of Aurora, 402 N.E.2d 365, 82 Ill. App. 3d 72, 37 Ill. Dec. 475, 1980 Ill. App. LEXIS 2499 (Ill. Ct. App. 1980).

Opinion

Mr. JUSTICE LINDBERG

delivered the opinion of the court:

Defendant, city of Aurora, brings this appeal from an order of the Circuit Court of Kane County declaring an amendment to the city’s zoning ordinance invalid as applied to property owned by plaintiffs, Aurora National Bank and Lavern Schramer. The central issue is whether the city substantially complied with notice and other procedural requirements in adopting the amendatory ordinance. We hold it did and therefore reverse the order of the Circuit Court of Kane County.

On November 7, 1977, the planning and development committee of the Aurora city council proposed an amendment to the city’s zoning ordinance changing the classification of property in a two-block area from manufacturing and multifamily to one- and two-family residential. Notice of a public hearing on the proposed “down-zoning” was mailed to all affected property owners, including plaintiffs, on December 23 and was later published in a local newspaper pursuant to section 11 — 13—14 of the Illinois Municipal Code (Ill. Rev. Stat. 1977, ch. 24, par. 11 — 13—14). The notice stated in relevant part as follows:

“Notice is hereby given of a public hearing being held in the Aurora City Council Chambers, 44 East Downer Place, Aurora, Illinois, on Wednesday, January 11, 1978 at 7:00 p.m. (local time) by the Aurora Planning Commission to consider the adoption of a comprehensive zoning map amendment and a rezoning affecting certain properties within the following general area:

—the block bounded by Lincoln Avenue, Concord Street, and Evans Avenue; and

—the western one-half of the block bounded by Evans Avenue, Concord Street, Simms Street, and Logan Street The general areas of the proposed zoning map amendment and rezoning are legally described as follows:

—All of Langworth and Hoffman’s Subdivision of Simm’s Addition;

-Lots 5, 6, 7, 8, 11, 12, 15, 16, 19, 20, 23, 24, and 27 in Block 4 of H.H. Evans 2d Addition

All within the City of Aurora, Kane County, Illinois.

Certain properties within the area bounded by Lincoln Avenue, Concord Street and Evans Avenue may be rezoned from their present zoning classification of R-5 Multiple-family District to the R-4 Two-family District if they are currently in Multiple-family or Two-family use or to the R-3 Single-family District if they are currently in Single-family use.

Certain properties within the western one-half of the block bounded by Evans Avenue, Concord Street, Simms Street, and Logan Street may be rezoned from their present zoning classification of M-l Manufacturing District Limited to the R-4 Two-family District if they are currently in Multiple-family or Two-family use, or to the R-3 Single-family District if they are currently in Single-family use.

YOUR PROPERTY MAY BE RECOMMENDED FOR REZONING

You are invited to examine a detailed map showing the proposed rezonings at the offices of the Aurora Planning Department, 49 East Downer Place, Aurora, Illinois, and the Aurora City Clerk’s Office, 44 East Downer Place, (City Hall building), Aurora, Illinois, during regular business hours. This map will also be available for inspection at the public hearing.

The public hearing may be adjourned from time to time to dates certain without additional notice.

The map showing the proposed rezonings may be modified after consideration of evidence, comments and suggestions at the public hearing.

All interested parties will be given an opportunity to be heard at the public hearing.”

Both parties agree that the notice accurately describes all the property affected by the proposed amendment, but fails to articulate completely the nature of the zoning changes. Specifically, the notice states how property used for residential purposes will be rezoned, but does not indicate how vacant property and property used for manufacturing purposes will be classified. Some of the property owned by plaintiffs in the designated area is either vacant or being used for manufacturing purposes.

Plaintiff Schramer attended the public hearing accompanied by counsel and testified in opposition to the down-zoning amendment but did not at that time object to the sufficiency of the notice. Plaintiffs later challenged the notice at the first city council meeting held following the public hearing. On May 16, 1978, the Aurora city council adopted the amendatory ordinance down-zoning all property within the designated areas to either one- or two-family residential. On May 31,1978, plaintiffs filed a two-count complaint seeking a declaration that the amendatory ordinance was null and void as applied to all non-residentially-used property. Count I alleged that notice of the public hearing failed to comply with section 11 — 13—14 of the Illinois Municipal Code (Ill. Rev. Stat. 1977, ch. 24, par. 11 — 13—14) and that various other procedural requirements established by local ordinance for the processing of zoning amendments were not complied with. Count II alleged that the amendment was unconstitutional in that it bears no substantial relation to the public health, safety and welfare. The trial court granted plaintiffs’ motion for summary judgment as to count I and entered an order declaring the amendment null and void as applied to plaintiffs’ property. This appeal followed.

The first issue we consider is whether the amendatory ordinance is invalid because the notice requirements of the enabling act and city ordinance were not complied with. Section 11^13 — 14 of the Illinois Municipal Code (Ill. Rev. Stat. 1977, ch. 24, par. 11 — 13—14) provides only that “Notice shall be given of the time and place of hearing ” * Section 15.4 — 2 of the Aurora City Code provides that “[a] 11 notices shall be in writing and shall give the time, place and purpose of such hearing * * 3.” In addition to the requirements specified by statute, if has been held that the notice must contain an accurate description of the property affected by the proposed amendment. Kirk v. Village of Hillcrest (1973), 15 Ill. App. 3d 415, 304 N.E.2d 452.

Although the notice challenged here correctly describes all the property affected by the down-zoning and contains the time, place and general purpose of the hearing, plaintiffs contend it is nevertheless defective because it fails to state adequately how each parcel will be rezoned. Unlike the notice requirements for a variation or special use (Ill. Rev. Stat. 1977, ch. 24, pars. 11 — 13—6 and 11 — 13—7), however, there is no requirement in section 11 — 13—14 that the notice contain a statement of the changes contemplated by the proposed amendment. Nor is such a requirement imposed by the Aurora ordinance, thereby making it distinguishable from the municipal ordinances at issue in Bieretz v. Village of Montgomery (1966), 67 Ill. App. 2d 403, 214 N.E.2d 149, and Wheeling Trust 6- Savings Bank v. Village of Mount Prospect (1978), 64 Ill. App. 3d 1038, 382 N.E.2d 128.

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Bluebook (online)
402 N.E.2d 365, 82 Ill. App. 3d 72, 37 Ill. Dec. 475, 1980 Ill. App. LEXIS 2499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aurora-national-bank-v-city-of-aurora-illappct-1980.