Racich v. County of Boone

625 N.E.2d 1095, 254 Ill. App. 3d 311, 192 Ill. Dec. 940, 1993 Ill. App. LEXIS 1886
CourtAppellate Court of Illinois
DecidedDecember 22, 1993
Docket2-92-1315
StatusPublished
Cited by8 cases

This text of 625 N.E.2d 1095 (Racich v. County of Boone) 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
Racich v. County of Boone, 625 N.E.2d 1095, 254 Ill. App. 3d 311, 192 Ill. Dec. 940, 1993 Ill. App. LEXIS 1886 (Ill. Ct. App. 1993).

Opinion

JUSTICE McLAREN

delivered the opinion of the court:

The plaintiffs, Bozidar and Josephina Racich, appeal from a ruling of the circuit court of Boone County denying their request for rezoning of their 87-acre parcel of land in Boone County from A-l agricultural to R-l single-family residential. We affirm.

The plaintiffs purchased two adjoining parcels of 20 and 67 acres in 1988 for about $2,100 per acre. Both were zoned A-l at the time. The following year the plaintiffs applied to the zoning board of appeals of Boone County for a change of zoning from A-l to R-l single-family residential so they could develop a residential subdivision. The county planning department recommended denial of the petition based on its rating of the land under the county’s land evaluation site assessment system (LESA), which evaluates the viability of sites for agricultural uses. The plaintiffs’ land was rated at 233.2 points out of a possible 300. Under the system, the county planning office recommends against rezoning from A-l to R-l any parcel that receives a rating of 200 or more points. Part one of the LESA system consists of a land evaluation in which soils are rated on a scale of zero to 100. A rating of 76 or more points indicates the land is prime agricultural land. The plaintiffs’ land was rated 84.2. The second part of the LESA system entails a site assessment in which the parcel in question is rated on a scale of zero to 200 based on 14 factors, including percentage of land feasible for farming, slope of the tract, percentage of land within a half-mile being used for agriculture, compatibility with surrounding uses and zoning, proximity to sewers and water mains, suitability of the tract for a septic system, accessibility by roads, distance from municipal limits, whether the rezoning request is in concert with the county’s land use plan, and whether the tract is within the county’s growth corridor. The plaintiffs’ land was rated at 149 points.

Between 1985 and 1989, 38 petitions were filed in the county for rezoning from A-l to residential. Of those, 8 petitions were withdrawn, 28 were approved, and 2, including the plaintiffs’, were denied. Of the 28 petitions that were approved, two developments scored more than 200 points on the LESA system.

On March 28, 1989, the zoning board of appeals of Boone County held a public hearing on the plaintiffs’ application and thereafter unanimously recommended denial of the zoning change. On April 5, 1989, the county building plats and zoning committee conducted a hearing on the application and also thereafter unanimously recommended denial. The county board unanimously denied the application on April 12, 1989, with one abstention. The plaintiffs filed the instant action in the circuit court on July 6, 1989, seeking a declaratory judgment and injunctive relief against the county. Following a bench trial, a memorandum decision upholding the validity of the A-l zoning was filed on July 17, 1992, by the circuit court. This appeal followed.

The plaintiffs contend on appeal that A-l zoning restriction on their land is arbitrary, unreasonable and discriminatory in violation of the State’s zoning enabling statute (Ill. Rev. Stat. 1989, ch. 34, par. 3151 (repealed eff. January 1, 1990) (now codified, as amended, at 55 ILCS 5/5 — 12001 (West 1992))) and denies the plaintiffs due process and equal protection by taking their property for public use without compensation. For the following reasons, we affirm.

County zoning laws are presumed valid (Smeja v. County of Boone (1975), 34 Ill. App. 3d 628, 631; La Salle National Bank v. County of Cook (1957), 12 Ill. 2d 40). The parties attacking the validity of a zoning law must prove by clear and convincing evidence that the law as applied to their land is arbitrary and unreasonable and bears no substantial relation to public health, safety or welfare. (Exchange National Bank v. County of Cook (1962), 25 Ill. 2d 434, 439-40.) On appeal, the circuit court’s judgment will not be disturbed unless it was against the manifest weight of evidence. Pioneer Trust & Savings Bank v. County of Cook (1978), 71 Ill. 2d 510, 516-17.

Illinois cases examining the validity of zoning restrictions routinely analyze the restrictions according to factors first articulated in La Salle National Bank and often repeated in other zoning cases. These factors include (1) the existing uses and zoning of nearby property; (2) the extent to which property values are diminished by particular zoning restrictions; (3) the extent to which the lowered property value promotes public health, safety, morals or general welfare; (4) the relative gain to the public as compared to the hardship imposed on the property owner; (5) the suitability of the subject property to its currently zoned purpose; and (6) the length of time the property has been vacant as zoned. (La Salle National Bank, 12 Ill. 2d at 46-47.) Two other factors that courts will consider are the need for the use proposed by the property owner and the care with which the community has undertaken its development planning. Sinclair Pipe Line Co. v. Village of Richton Park (1960), 19 Ill. 2d 370, 378.

Although no one factor is determinative, a primary concern is whether the property in question is zoned in conformity with surrounding uses and whether those uses are uniform and established. (La Grange State Bank v. County of Cook (1979), 75 Ill. 2d 301, 309.) This factor favors the defendant in this case because the predominant use in the area surrounding the plaintiffs’ property is agricultural. Most of the land immediately adjacent to the subject land is either agricultural or undeveloped conservation district land. The parcel is bounded on the east and south by the Boone County conservation district, an open area used as a forest and nature preserve. These tracts are zoned A-l agricultural. To the immediate west of the plaintiffs’ land is an A-l tract that is currently being farmed. To the north of the parcel in question is a residential subdivision that is zoned A-l but was developed about 20 years ago when it was not necessary to seek rezoning in order to plat a subdivision.

While it is true, as the plaintiffs point out, that the conservation district land is not being used for farming, it is zoned agricultural. Furthermore, as undeveloped land, its current use is certainly more farm-like than residential. The plaintiffs also claim that the county was too restrictive in focusing largely on a half-mile radius of the plaintiffs’ land when it determined the dominant character of the surrounding area. The plaintiffs point out, and use maps show, that several developments are located within about two miles of the site in question, indicating that at least some of the existing use of nearby land is residential. However, this alone does not indicate that the county was arbitrary in setting a half-mile as the key determinant in assessing nearby uses. Thus, it is quite clear that the dominant use in the area nearest the plaintiffs’ land is agricultural or open space. It certainly cannot be argued that agricultural use is out of step with the surrounding area.

Another factor in judging the validity of a zoning ordinance, the diminution of land value, would seem at first blush to favor the plaintiffs, who produced testimony at trial that their land would be worth more than double its current value of $183,000 if the R-l zoning were permitted.

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Bluebook (online)
625 N.E.2d 1095, 254 Ill. App. 3d 311, 192 Ill. Dec. 940, 1993 Ill. App. LEXIS 1886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/racich-v-county-of-boone-illappct-1993.