Winnebago County Citizens for Controlled Growth v. County of Winnebago

891 N.E.2d 448, 383 Ill. App. 3d 735
CourtAppellate Court of Illinois
DecidedJune 18, 2008
Docket2-07-0362
StatusPublished
Cited by20 cases

This text of 891 N.E.2d 448 (Winnebago County Citizens for Controlled Growth v. County of Winnebago) 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
Winnebago County Citizens for Controlled Growth v. County of Winnebago, 891 N.E.2d 448, 383 Ill. App. 3d 735 (Ill. Ct. App. 2008).

Opinions

PRESIDING JUSTICE GILLERAN JOHNSON

delivered the opinion of the court:

The plaintiff, Winnebago County Citizens for Controlled Growth (WCCCG), filed suit following the passage of an ordinance by the defendant, the County of Winnebago, which granted the defendant Dyn Cannell, LLC, a special use permit to construct a planned community development (PCD) in Rockton, Illinois. The defendants moved to dismiss the complaint, arguing that WCCCG lacked standing to bring the suit. The trial court denied the motion to dismiss as to counts III and IV of the complaint, but granted the motion as to counts I and II and dismissed those counts, finding that there was no just reason to delay enforcement or appeal of its order. WCCCG appealed. We reverse and remand.

PROCEDURAL BACKGROUND

On Januaiy 31, 2006, Dyn Cannell filed an application for a special use permit allowing it to build a PCD on approximately 123 acres of land in Winnebago County (the subject property). The majority of the lots in the PCD were to be 27,000 square feet, and the average lot size was to be approximately 33,000 square feet. In addition to single-family homes, the PCD was to include a sports recreation area, a playground, and additional open space or recreational areas.

According to WCCCG, the subject property is located approximately one-half mile north of the Nygren Wetlands, a nature preserve. The subject property is at a higher location than the wetlands, allowing runoff to flow into the wetlands from the subject property. The Winnebago County Soil and Conservation District determined that 87.7% of the soil within the subject property is suitable for a conventional septic absorption system, but the sandy nature of the soil requires a “restricted” rating mandating a minimum lot size of 43,650 square feet. The remaining soils within the subject property cannot support septic systems.

On April 18, 2006, the Winnebago County Zoning Board of Appeals held a hearing on the application. An attorney for Dyn Cannell spoke in support of the PCD application. An attorney for some of the objectors (the same attorney that currently represents WCCCG) questioned Dyn Cannell’s attorney regarding certain aspects of the proposal and made a closing statement. In addition, 15 private citizens appeared and spoke against the PCD application. Following these comments, the zoning board deliberated publicly. Board members expressed concern that the proposed PCD could be detrimental to or endanger the public welfare because septic systems were proposed for lots of less than 43,650 square feet. Other negative comments related to the lot size (less than one acre) as being out of character for the largely rural surrounding area and to the lack of information regarding the PCD’s likely impact on utilities, access roads, other necessary facilities, and traffic. The zoning board voted unanimously to deny the PCD application.

On June 8, 2006, the PCD application came before the Winnebago County Board. The minutes of the meeting do not reflect any discussion or findings related to the PCD. The county board voted 19 to 4 to approve the PCD, and the board issued a special use permit to Dyn Cannell for the PCD. On July 5, 2006, WCCCG was incorporated as an Illinois not-for-profit corporation. Its members include 68 persons, 14 of whom own property adjacent to the subject property. Ten of the persons who spoke at the hearing before the zoning board are members.

On July 12, 2006, WCCCG filed suit in the circuit court of Winnebago County. It filed an amended complaint on November 13, 2006. Count I of the amended complaint sought review under the Administrative Review Law (735 ILCS 5/3 — 101 et seq. (West 2006)) of the County’s decision to grant the special use permit. Count II (the La Salle claim) alleged that the County’s grant of the special use permit violated substantive due process, as set forth in La Salle National Bank of Chicago v. County of Cook, 12 Ill. 2d 40 (1957). Counts III and IV sought a declaratory judgment that section 90 — 57 of the Winnebago County Code (Winnebago County Code §90 — 57 (eff. July 27, 2000)), which permits PCDs and sets out requirements for their approval, was unconstitutional in various ways.

The defendants Winnebago County and Dyn Cannell moved to dismiss the amended complaint pursuant to sections 2 — 619 and 2 — 615 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 619, 2 — 615 (West 2006)). Their section 2 — 619 argument was that, under the General Not For Profit Corporation Act of 1986 (Act) (805 ILCS 105/101.01 et seq. (West 2006)), WCCCG lacked standing to bring the suit, because the Act provides that a not-for-profit corporation such as WCCCG may sue in its own name only if “neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.” 805 ILCS 105/103.10(b) (West 2006). The defendants argued that proving the elements of a La Salle claim would require the participation of individual members who owned property adjacent to the subject property about matters such as a threatened decrease in their property values. The defendants also argued that counts II through IV of the amended complaint should be dismissed pursuant to section 2 — 615 because they were too vague to make out a claim. Finally, Dyn Cannell argued that count III should be dismissed because the challenged ordinance was not unconstitutionally vague.

The trial court denied the motion to dismiss as to counts III and iy but granted the motion as to counts I and II. In a memorandum of decision issued on March 7, 2007, the trial court stated that, under the doctrine of associational standing adopted in International Union of Operating Engineers, Local 148 v. Department of Employment Security, 215 Ill. 2d 37 (2005), WCCCG did not have standing to bring suit on behalf of its members, because a majority of the members did not have standing to sue individually. The trial court further found that the La Salle claim in count II must be dismissed because an analysis of this claim would not involve pure questions of law and thus would require the participation of individual members in the suit. As to count I, the trial court stated that it was following the special concurrence of Justices Thomas and Garman in International Union, and it therefore found that WCCCG did not have standing to bring suit under the Administrative Review Law, because it had not been a party to the administrative proceedings being challenged. On March 12, 2007, the trial court entered an order dismissing counts I and II, denying the motion to dismiss as to counts III and IV and finding pursuant to Supreme Court Rule 304(a) (210 Ill. 2d R. 304(a)) that there was no just reason to delay enforcement or appeal.

ANALYSIS

WCCCG appealed, arguing that: (1) the possibility that some of its members may ultimately participate in the trial of the La Salle claim does not bar associational standing for count II; and (2) it has associational standing to bring an action under the Administrative Review Law despite the fact that it was not formed until after the administrative proceedings, because some of its members participated in those proceedings and could sue in their own right.

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Winnebago County Citizens for Controlled Growth v. County of Winnebago
891 N.E.2d 448 (Appellate Court of Illinois, 2008)

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Bluebook (online)
891 N.E.2d 448, 383 Ill. App. 3d 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/winnebago-county-citizens-for-controlled-growth-v-county-of-winnebago-illappct-2008.