Stackman v. City of Geneva

State: Illinois

Court: 2nd District Appellate

Docket No: 2-07-1124 & 2-07-1125

Case Date: 10/16/2009

Preview:Nos. 2--07--1124 & 2--07--1125 cons. Filed: 10-16-09 ______________________________________________________________________________ IN THE APPELLATE COURT OF ILLINOIS SECOND DISTRICT ______________________________________________________________________________ WALTER STACKMAN, ) Appeal from the Circuit Court ) of Kane County. Plaintiff-Appellant, ) ) v. ) No. 06--MR--394 ) THE CITY OF GENEVA and ) THE CITY OF GENEVA HISTORIC ) PRESERVATION COMMISSION, ) Honorable ) Michael J. Colwell, Defendants-Appellees. ) Judge, Presiding. ______________________________________________________________________________ WALTER STACKMAN, ) Appeal from the Circuit Court ) of Kane County. Plaintiff-Appellant, ) ) v. ) No. 06--MR--413 ) THE CITY OF GENEVA and ) THE CITY OF GENEVA HISTORIC ) PRESERVATION COMMISSION, ) Honorable ) Michael J. Colwell, Defendants-Appellees. ) Judge, Presiding. ______________________________________________________________________________ JUSTICE McLAREN delivered the opinion of the court: In these consolidated cases, plaintiff, Walter Stackman, appeals from the orders of the trial court (1) affirming, on administrative review, the decision of the city council of defendant the City of Geneva; and (2) denying his motion for summary judgment and granting summary judgment in

Nos. 2--07--1124 & 2--07--1125 cons. favor of defendants, the City of Geneva and the City of Geneva Historic Preservation Commission (HPC) on his complaint for declaratory judgment and injunctive relief. We reverse. Plaintiff lives at 406 S. Fourth Street in Geneva. This home, built in 1945, is located within the Geneva Historic District (Historic District), which was created by city ordinance in 1987. A historic district is defined as: "Any area established by city ordinance which includes or encompasses such historic sites, landmarks, buildings, signs, appurtenances, structures, or objects as may be determined as appropriate for historic preservation." Geneva Municipal Code, art. XIX,

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