Supreme Court of Illinois

The dismissal of a complaint requesting that the circuit court declare certain textual amendments made by the defendant to its zoning code facially unconstitutional as violative of substantive due process and enjoin their enforcement is affirmed where: 1) strict scrutiny does not apply since the rights infringed by the zoning laws are not fundamental rights; 2) the "substantial relation" language used in cases addressing the validity of zoning regulations has been an alternate statement of the rational basis test tow which local police powers have generally been subject to; 3) the court's decision in La Salle National Bank of Chicago v. County of Cook 12 Ill. 2d 40 (1957) does not support plaintiff's argument since her complaint is based on a facial challenge whereas La Salle was an as-applied challenge; and 4) the complaint contains several conclusory statements unsupported by facts.

Appellate Information

• Decided 06/05/2008
• Published 06/05/2008

Judges

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Thomas J. Ramsdell, Carl E. Myers and Anthony S. Hind, Chicago, for appellant., Mara S. Georges, Corporation Counsel, Chicago (Benna Ruth Solomon, Myriam Zreczny Kasper and Christopher S. Norborg, of counsel), for amicus curiae City of Chicago., Roger Huebner, Springfield, for amicus curiae Illinois Municipal League.


• For Appellees:
  
• Kenneth M. Florey, Nanci N. Rogers, of Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd., Chicago, for appellee.