Central Transport, Inc. v. Village of Hillside

210 Ill. App. 3d 499
Appellate Court of Illinois·Decided March 7, 1991·No. No. 1-90-2158·Published·Cited by 18 cases

Opinion

JUSTICE JOHNSON

delivered the opinion of the court:

This matter comes before the court on appeal from the circuit court of Cook County. Defendants, the Village of Hillside (hereinafter the Village), Mr. Joseph Tamburino, and Mr. Russell F. Wajda, appeal the grant of a writ of mandamus, and a final judgment order entered against them by the trial court. The initial action was brought in chancery by plaintiff Central Transport, Inc. (hereinafter Central Transport), which sought to obtain a writ of mandamus requiring defendants to issue a permit for the construction of an addition to Central Transport’s freight truck facility, located within the Village of Hillside, Illinois. Defendants pray that this court reverse the judgment of the trial court. In the alternative, defendants pray that this court reverse the aforementioned judgment and remand this cause to the trial court.

We affirm.

Background

Central Transport is a licensed common carrier authorized by the Interstate Commerce Commission to transport goods. Central Transport is in the business of carrying goods by truck throughout the United States. Central Transport owns and operates several truck terminal facilities throughout this country. In the early 1970’s, Central Transport owned and operated a truck terminal in the Village of Hodgkins, Illinois. In 1988, the Village of Hodgkins brought proceedings against Central Transport in an effort to condemn the land upon which Central Transport’s trucking facility was located. Ultimately, the Village of Hodgkins acquired Central Transport’s facility through eminent domain.

In response to the condemnation proceedings, Central Transport sought to acquire a new facility. In August 1989, Central Transport discovered that property located at 200 North Mannheim Road in Hillside, Illinois (hereinafter the subject property), was available for sale. The subject property was owned by Bellemead Development Corporation (hereinafter Bellemead) and operated as a freight truck terminal.

The Village, a municipal corporation, adopted zoning ordinances in March 1955 and June 1964. The 1955 and 1964 zoning ordinances contained no provisions for special uses. “[A] ‘special use’ is a permission by [a zoning authority] to [a property] owner to use his property in a manner contrary to the ordinance provided that the intended use is one of those specifically listed in the ordinance and provided that the public convenience will be served by the use ***.” (Parkview Colonial Manor Investment Corp. v. Board of Zoning Appeals (1979), 70 Ill. App. 3d 577, 581.) Pursuant to these ordinances, the property in question was designated “Zone A Industrial” in which a “motor truck freight terminal” was a permitted land use.

The current zoning law, Village of Hillside Zoning Ordinance No. 87 — 19 (hereinafter the ordinance), was adopted in 1980 after the Village board of trustees studied a report submitted to it by a planning expert. The ordinance was subsequently amended in 1987. Section 4.8 of the ordinance specifically permits use number 001 in districts zoned M — 1. Use number 001 designates motor truck freight terminals as a permissible special use in districts zoned M — 1 for office and industrial use. The subject property was given a zoning designation of M — 1, approximately 10 years prior to Central Transport’s purchase of the property, as well as a special use designation 001 that allowed the operation of a motor truck freight terminal. In 1980, the special use designation was adopted by the Village board of trustees without any application for a special use designation by Bellemead. Since the adoption of the current zoning ordinance, there were three additions to the facilities located on the subject property. Bellemead was given special zoning status by adding an asterisk to the zoning map. Belle-mead was granted three permits to expand its motor truck freight terminal in 1984. Two of these permits allowed the construction of an additional office building and the expansion of the existing office building. One permit was for the construction of additional docking space in the form of four new “overhead doors.”

On November 16, 1989, Central Transport entered into a land sale contract with Bellemead for the purchase of the subject property and the existing structures on the property. The closing date was initially set for December of 1989. The closing for the purchase of the subject property occurred in March of 1990.

Prior to the execution of this contract, the parties had two informal meetings. The first meeting was held on November 16, 1989. This meeting was attended by the following persons: Mr. Joseph Tamburino, the Village president and president of the board of trustees of the Village (hereinafter the Village Board); Mr. Russell F. Wajda, the Village administrator and the chief operating officer of the municipality; Mr. Gerald Rauch, the director of acquisitions and development for Central Transport; Mr. John O’Connell, counsel for the Village of Hodgkins; and Ms. Phyllis Zucker, the real estate agent. At the meeting, Mr. Rauch gave a presentation illustrating Central Transport’s proposed use of the subject property, which included a plan to install 109 additional trailer doors on the facility. Mr. Tamburino expressed reservations about this expansion proposal. However, no one cited zoning as an impediment to Central Transport’s plans. At the clos.e of the meeting, Mr. Tamburino stated that he would arrange a second meeting between the representatives of Central Transport and the Village Board.

The second meeting was held on December 5, 1989. At this meeting, Mr. Rauch made a presentation to Mr. Wajda and several members of the Village Board. Again, no zoning problems were cited as an impediment to Central Transport’s plans.

Later that evening, members of the Village Board met with the Village administrator and expressed their opposition to Central Transport’s plan. However, none of the Board members stated that Central Transport was required to apply for a new special use permit. Later, Mr. Wajda wrote a memorandum to the Village Board acknowledging that Mr. Tamburino directed him to reject Central Transport’s plan.

On January 18, 1990, Mr. Wajda wrote a letter, on behalf of the Village, to Mr. Rauch rejecting Central Transport’s proposal. The letter specified that the Village rejected the proposal based upon a “consensus of the Village Board” not to permit the expansion of the facility on the subject property, because the Board members desired to “see the area developed] [for] office and retail use.”

On March 1, 1990, Central Transport submitted an application for a permit to construct the proposed expansion along with blueprints for the project. In addition, Central Transport submitted blueprints for the proposed construction. In response to the permit application, Mr. Wajda directed a letter dated March 9, 1990, to Central Transport’s attorney, Mr. Daniel Houlihan. The letter related that the Village Board would consider Central Transport’s application only if it was filed in conjunction with an application for special use. Central Transport did not file a special use application.

Subsequently, Central Transport filed a complaint for mandamus on March 23, 1990, against the Village and Messrs. Tamburino and Wajda, in their official capacities.

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Central Transport, Inc. v. Village of Hillside, 210 Ill. App. 3d 499 (Ill. Ct. App. 1991).

210 Ill. App. 3d 499 (Central Transport, Inc. v. Village of Hillside) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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