| City of Chicago Heights v. Living World Outreach Full Gospel Church, No. 1-97-4627 1st Dist. 2/3/99 |
THIRD DIVISION
February 3, 1999
Nos. 1-97-4627 and 1-98-0929, Consolidated Plaintiff-Appellant, v. LIVING WORD OUTREACH FULL GOSPEL CHURCH and MINISTRIES, INC., Defendant-Appellee. Circuit Court of Cook County No. 96 CH 6939 Honorable Robert Boharic, Judge Presiding. MODIFIED ON DENIAL OF PETITION FOR REHEARING PRESIDING JUSTICE CAHILL delivered the opinion of the court: Plaintiff, the City of Chicago Heights, sued to enjoin defendant from violating an ordinance that prohibited religious organizations from locating a house of worship in a part of the city zoned commercial. The court entered judgment for defendant. Plaintiff appeals. We vacate in part and reverse and remand with directions to grant the injunctive relief sought by the city. Chicago Heights (the city) adopted a comprehensive zoning plan in December 1995, with an announced purpose to counteract an economic decline in the city. The plan designated Lincoln Highway a commercial corridor to foster economic development. The Lincoln Highway area was zoned B-2, commercial. Under the city zoning plan, churches may locate anywhere in a residential zone. Churches may locate in a B-2 commercial zone with a special use permit. Defendant, Living Word Outreach Full Gospel Church and Ministries, Inc. (the Church), bought a former Masonic temple in January 1996. The temple was located at 400 West Lincoln Highway in the city in the B-2 zone. City officials told Church officials that a special use permit was required. The Church had made the special use permit a condition precedent in the original contract to buy the temple, but the condition was omitted in the final contract. The Church took possession of the building on January 12, 1996, and only then applied for a special use permit. To obtain a special use permit in the city, the applicant must establish that the special use will not (1) be unreasonably detrimental to or endanger the public, health, safety, morals, comfort or general welfare; (2) be injurious to the use and enjoyment of other property in the immediate vicinity or substantially diminish and impair property values in the neighborhood; or (3) impede the normal and orderly development and improvement of surrounding property for permitted uses. The applicant must also show that there is adequate ingress and egress, utilities, access roads and drainage facilities and that the use otherwise conforms to the district regulations. Chicago Heights Zoning Ordinance
THE CITY OF CHICAGO HEIGHTS, Appeal from the