Condominium Association of Commonwealth Plaza v. City of Chicago

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State: Illinois

Court: 1st District Appellate

Docket No: 1-08-2318, 1-09-0306 Cons.

Case Date: 03/05/2010

Preview:SIXTH DIVISION March 5, 2010 Nos. 08-2318 & 09-0306 cons.

CONDOMINIUM ASSOCIATION OF COMMONWEALTH PLAZA, an Illinois NotFor-Profit Corporation; SUHAIL AL CHALABI; VIRGINIA M. HARDING; and DARREN MOSS,

) ) ) Appeal from the ) Circuit Court of ) Cook County, Illinois. Plaintiffs-Appellants, ) v. ) ) THE CITY OF CHICAGO, a Municipal ) No. 06 CH 22757 Corporation; THE CHICAGO PLAN ) COMMISSION OF THE CITY OF CHICAGO; ) LORI T. HEALEY, Commissioner, Department ) of Planning and Development; RESURRECTION ) HEALTH CARE, an Illinois Not-For-Profit ) Honorable Corporation; and SAINT JOSEPH HOSPITAL, ) Sophia Hall, an Illinois Not-For-Profit Corporation; ) Judge Presiding. ) Defendants-Appellees. ) _____________________________________________________________________________ CONDOMINIUM ASSOCIATION OF COMMONWEALTH PLAZA, an Illinois NotFor-Profit Corporation; SUHAIL AL CHALABI; VIRGINIA M. HARDING; and DARREN MOSS, ) ) ) ) ) Plaintiffs-Appellants, ) v. ) ) THE CHICAGO PLAN COMMISSION OF THE ) CITY OF CHICAGO, LINDA SEARL, Vice ) Chairman and Acting Chairman; LORI T. ) HEALEY, Secretary, and Commissioner of the ) Department of Planning and Development; ) ALDERMAN WILLIAM J.P. BANKS, ) ALDERMAN EDWARD M. BURKE, ALLISON ) S. DAVIS, MAYOR RICHARD M. DALEY, ) LEON D. FINNEY, JR., DORIS B. HOLLEB, ) CAROLE BROWN, AMRISH K. MAHAJAN, ) GEORGE W. MIGALA, ALDERMAN BURTON )

Appeal from the Circuit Court of Cook County, Illinois.

No. 06 CH 12361

Honorable Sophia Hall, Judge Presiding.

Nos. 08-2318 & 09-0306 cons. F. NATARUS, JOHN H. NELSON, NANCY A. PACHER, ALDERMAN MARY ANN SMITH, ALDERMAN BERNARD L. STONE, ALDERMAN REGNER "RAY" SUAREZ, members of the Commission; RESURRECTION HEALTH CARE, an Illinois Not-For-Profit Corporation; SAINT JOSEPH HOSPITAL, an Illinois Not-For-Profit Corporation; Defendants-Appellees.

) ) ) ) ) ) ) ) ) )

JUSTICE JOSEPH GORDON delivered the opinion of the court: This case consists of the consolidation of two appeals from actions brought by the Condominium Association of Commonwealth Plaza (Commonwealth Plaza), Suhail al Chalabi, Virginia M. Harding, and Darren Moss, both alleging improper land usage by Resurrection Health Care (Resurrection) and St. Joseph Hospital (St. Joseph) (collectively, the hospital defendants) in connection with the St. Joseph campus, which is located within 250 feet of plaintiffs' property. In the first action (docket No. 06 CH 22757), plaintiffs challenged the validity of a zoning amendment passed by the City of Chicago in favor of the hospital defendants. On July 28, 2006, the Chicago city council passed an ordinance changing the zoning classification of certain land around the St. Joseph campus to allow Resurrection to conduct further development of the campus, including the construction of a medical office building, pursuant to an Institutional Planned Development (IPD). Plaintiffs brought suit against the hospital defendants as well as against the city of Chicago, the Chicago Plan Commission (Plan Commission), and Commissioner Lori T. Healey (collectively, the city defendants), seeking a judicial declaration that the IPD ordinance was invalid. Plaintiffs contended that the IPD ordinance was in violation of the

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Nos. 08-2318 & 09-0306 cons. Chicago zoning ordinance, in that the proposed office building exceeded the floor plan density limitations of the preexisting zoning classification, the building was not a permitted use of the property, and the IPD ordinance failed to require that construction begin within a certain timeframe to prevent lapse of the rezoning. They also contended that they were denied procedural and substantive due process in connection with the Plan Commission's hearing on the ordinance. The trial court granted summary judgment for defendants on plaintiffs' first contention, finding that lack of conformity with Chicago zoning ordinances would not justify invalidation of the IPD. The court additionally found that there was no just reason to delay enforcement or appeal of its order under Illinois Supreme Court Rule 304(a) (210 Ill. 2d R. 304(a)). In the second action (docket No. 06 CH 12361), plaintiffs sought administrative review of a resolution adopted by the Plan Commission approving an application made by Resurrection under the Lake Michigan and Chicago Lakefront Protection Ordinance (Chicago Municipal Code

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