Bankers Trust Co. v. St. Clair County Zoning Board of Appeals

554 N.E.2d 744, 197 Ill. App. 3d 431, 143 Ill. Dec. 809, 1990 Ill. App. LEXIS 619
CourtAppellate Court of Illinois
DecidedApril 30, 1990
DocketNo. 5—88—0087
StatusPublished
Cited by1 cases

This text of 554 N.E.2d 744 (Bankers Trust Co. v. St. Clair County Zoning Board of Appeals) 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
Bankers Trust Co. v. St. Clair County Zoning Board of Appeals, 554 N.E.2d 744, 197 Ill. App. 3d 431, 143 Ill. Dec. 809, 1990 Ill. App. LEXIS 619 (Ill. Ct. App. 1990).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Plaintiff, Bankers Trust Company, trustee under trust No. 22— 2257, appeals from an order of the circuit court of St. Clair County affirming defendant St. Clair County Board’s (Board’s) denial of its special use permit for a planned unit development, a mobile home park. Plaintiff raises the issue of whether the decision of the circuit court was against the manifest weight of the evidence. This court affirms.

On February 23, 1987, plaintiff filed a petition for a zoning amendment and a petition for a special permit before the St. Clair County Zoning Board of Appeals (Zoning Board) requesting a rezoning of property from agricultural to MH1 (mobile homes) and for a planned unit development (mobile home park). The Zoning Board recommended the zoning changes. However, the Board denied this request. Subsequently, plaintiff filed this action in the circuit court requesting that the Board’s action be declared null and void.

On January 14, 1988, the circuit court entered an order denying plaintiff’s request. The court stated:

“After considering the testimony and exhibits as they apply to the law in this case, the Court finds that the opinions of both the plaintiff and the St. Clair County Board are reasonable and justifiable, and therefore it cannot be said that plaintiff has proved his case by clea^ and convincing evidence as required. Under such circumstances, the legislative determination of the county board is conclusive. This Court finds no need in this case to impinge upon the county’s power to determine zoning classifications.”

From that order, plaintiff appeals. Since plaintiff appeals only from the Board’s denial of the zoning amendment, this court will refer only to defendant St. Clair County Board and its decision.

The issue before this court is whether the order of the circuit court was against the manifest weight of the evidence. It is well established that a “zoning ordinance is presumed valid, and a party attacking such an ordinance has the burden of overcoming this presumption with clear and convincing evidence that the ordinance, as applied to the property in question, is arbitrary and unreasonable, and has no substantial relation to the public health, safety, morals or welfare.” (Matloob v. Village of Cahokia (1980), 84 Ill. App. 3d 319, 321, 405 N.E.2d 396, 398.) In Matloob, the court reiterated the factors to be considered in such a determination. These factors are:

(1) the existing uses and zoning of nearby property;
(2) the reduction in property value resulting from the zoning restriction complained of;
(3) the extent to which the lessened value of the site promotes the general health, safety and welfare of the public;
(4) the relative gain to the public as opposed to the hardship to the owner;
(5) the suitability of the property for its zoned purpose; and
(6) the length of time the property has remained vacant, as zoned, in the context of other land development in the area. See 84 Ill. App. 3d at 322, 405 N.E.2d at 398-99.

To address the issue, this court will summarize each party’s position for each factor. Regarding factor one, both parties agree that the areas surrounding the property are residential, agricultural and commercial, and have a mobile home park nearby.

For the second factor, plaintiff’s expert stated that the highest and best use for the property is residential development including a mobile home park. Plaintiff’s expert also stated that as the property exists, the maximum value is $2,000 per acre but, if rezoned as proposed, the property would be worth at least $5,000 per acre. Two of plaintiff’s experts also stated that there was a high demand for mobile home-zoned property.

The Board argues the testimony did not reveal that plaintiff will lose money from the property as zoned. The return that a party would receive from a different zoning classification does not establish hardship or injustice in the existing zoning classification. (Doty v. City of Rockford (1979), 73 Ill. App. 3d 255, 260, 391 N.E.2d 586, 590.) Furthermore, proof of a very large difference in value is in itself insufficient to overcome the presumption of validity in zoning ordinances. Du Page Trust Co. v. County of Du Page (1975), 31 Ill. App. 3d 993, 999, 335 N.E.2d 61, 65.

The third factor requires evaluation of whether the lessened value of the site or rather the proposed use of the site promotes the general health, safety and welfare of the public. Plaintiff argues that the court in First National Bank v. Village of Skokie (1967), 85 Ill. App. 2d 326, 229 N.E.2d 378, held that “while the school situation might be a factor to be considered ***, it cannot be conclusive.” (85 Ill. App. 2d at 339, 229 N.E.2d at 385.) The court added “that additional burdens on responsible governmental bodies may not properly justify otherwise unreasonable, arbitrary, and discriminatory restrictions on the use of private property.” (85 Ill. App. 2d at 339, 229 N.E.2d at 385.) Quoting La Salle National Bank v. Village of Skokie (1962), 26 Ill. 2d 143, 146, 186 N.E.2d 46, 48, the court stated: “Because of urban concentration, coupled with the population explosion, practically every school district is beset with the problem of keeping facilities abreast of enrollment, regardless of whether it is developed as a single-family or multiple-dwelling community.” (85 Ill. App. 2d at 339-40, 229 N.E.2d at 385.) The Board’s experts stated that the local school could not physically accommodate the increase in students as a result of the zoning change.

Regarding the traffic consideration, plaintiff points out that the highway (Route 158) is under State jurisdiction and as such there is a sufficient tax base to make the necessary improvements and traffic control to handle the additional traffic. Plaintiff cites LaSalle National Bank v. Village of Skokie (1962), 26 Ill. 2d 143, 186 N.E.2d 46, in which the court stated:

“While we have recognized traffic as a factor, it is not in itself entitled to too much weight since it is a problem in all but the most sheltered neighborhoods and is constantly getting worse.” (26 Ill. 2d at 146, 186 N.E.2d at 48.)

Regarding the increased demand on the local police department, plaintiff argues that the argument for banning people from the county is not a reasonable restriction.

The Board points out that the proposed park will affect traffic density and the police department’s capability to adequately handle the increased number of calls.

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Related

Bach v. County of St. Clair
576 N.E.2d 1236 (Appellate Court of Illinois, 1991)

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Bluebook (online)
554 N.E.2d 744, 197 Ill. App. 3d 431, 143 Ill. Dec. 809, 1990 Ill. App. LEXIS 619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bankers-trust-co-v-st-clair-county-zoning-board-of-appeals-illappct-1990.