Napleton v. Village of Hinsdale

State: Illinois

Court: 2nd District Appellate

Docket No: 2-06-0390 Rel

Case Date: 06/16/2007

Preview:No. 2--06--0390 Filed: 6-16-07 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ KATHERINE R. NAPLETON, as Trustee under the Katherine R. Napleton Revocable Self-Declaration of Trust Dated October 1, 1992, ) Appeal from the Circuit Court ) of Du Page County. ) ) ) Plaintiff-Appellant, ) No. 05--CH--1058 ) v. ) ) THE VILLAGE OF HINSDALE, ) Honorable ) Kenneth L. Popejoy, Defendant-Appellee. ) Judge, Presiding. _________________________________________________________________________________ JUSTICE O'MALLEY delivered the opinion of the court: Plaintiff, Katherine R. Napleton, appeals the judgment of the circuit court of Du Page County, dismissing her first amended verified complaint (complaint) pursuant to section 2--615 of the Code of Civil Procedure (Code) (735 ILCS 5/2--615 (West 2004)). In her complaint, plaintiff sought to invalidate certain amendments to the zoning code of defendant, the Village of Hinsdale, which changed the permitted uses available to her property. The trial court dismissed plaintiff's complaint by applying a rational basis test to determine the validity of the amendments to defendant's zoning code. On appeal, plaintiff contends that the trial court erred because it did not consider the amendments to defendant's zoning code under a substantial relationship test. We affirm. We summarize the pertinent allegations from plaintiff's complaint. Plaintiff owns a group of contiguous parcels on Ogden Avenue in the Village of Hinsdale (the subject property). The subject

No. 2--06--0390 property is improved with a structure that is currently leased to General Motors, which uses the subject property as a training facility. The subject property is zoned B-3 under defendant's zoning code. Defendant's zoning code provides for three business zoning districts, B-1, B-2, and B-3. Section 5--101 of the Hinsdale zoning code provides that the "B-1 Community Business District" zoning classification "is intended to serve the every day shopping needs of Village residents as well as to provide opportunities for specialty shops attractive to [the] wider suburban residential community around the Village. It permits uses that are necessary to satisfy most basic, frequently occurring shopping needs." Hinsdale Zoning Code

Download Napleton v. Village of Hinsdale.pdf