HB1055 97TH GENERAL ASSEMBLY

LRB097 06364 KMW 46445 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1055

Introduced 02/03/11, by Rep. Darlene J. Senger

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12012.1

Amends the Counties Code. Establishes procedural rules that apply when a county makes a decision in regard to any petition or application for special use, variance, rezoning, or other amendment to a zoning ordinance that is subject to judicial review because of an action brought by an interest party. Defines interested party to mean the petitioner, the county, any unit of government having jurisdiction over the territory that is the subject of the petition, or any person or entity required to be given notice of the public hearing by mail. Sets forth the due process procedures concerning notice, subpoenas, the right to present evidence at a hearing, and meetings for purposes of case management. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 5-12012.1 as follows:

(55 ILCS 5/5-12012.1)

Sec. 5-12012.1. Actions subject to de novo review; due process.

(a) Any decision by the county board of any county, home rule or non-home rule, in regard to any petition or application for a special use, variance, rezoning, or other amendment to a zoning ordinance shall be subject to de novo judicial review as a legislative decision, regardless of whether the process in relation thereto is considered administrative for other purposes.

(b) Notwithstanding the limitations period set forth in Sections 5-12007 and 5-12009, any Any action seeking the judicial review of such a decision shall be brought by an interested party commenced not later than 90 days after the date of the decision, and after giving 5 days' written notice to the corporate authorities, by filing a complaint for review of the zoning decision in the circuit court. The case shall be set for early hearing as in the case of a motion.

(c) (b) The principles of substantive and procedural due process apply at all stages of the decision-making and review of all zoning decisions. In accordance with those principles:

(1) notice shall be given as required by the statute governing the zoning relief requested, or as may otherwise be legally required;

(2) the Chairman of the Board, commission, or other hearing body, or the hearing officer, shall consider any request for subpoenas, and may issue subpoenas that are reasonably expected to lead to relevant documents or testimony; subpoenas shall be enforceable only against persons or for documents which have a substantial evidentiary connection with (i) the property that is the subject of the zoning petition, (ii) facts that support or negate the requisite legal standards for granting the zoning relief sought in the petition, and (iii) facts that support or negate the conclusion that property owned or resided upon by interested parties will be substantially affected by the outcome of the decision on the petition; all matters relating to subpoenas concerning particular zoning relief, including all enforcement and motions to quash, shall be heard in a single action to be filed not later than 14 days after the date of a decision on the issuance of subpoenas, however, the court obtaining jurisdiction over any such matter may retain jurisdiction until the disposition of the case by the county; service of those subpoenas shall be made in the same manner as summons in a civil action;

(3) at the hearing on the petition, all interested parties shall have the right to present evidence and witnesses on their behalf, subject to reasonable limitations as to time, relevance to the legal standards in issue applicable to the zoning relief sought in the petition, redundancy, and the efficiencies of an orderly proceeding;

(4) at the hearing on the petition, interested parties shall have the right to question the petitioner and other interested parties, subject to reasonable limitations as to time, relevance to the legal standards in issue applicable to the zoning relief sought in the petition, redundancy, and the efficiencies of an orderly proceeding; and

(5) the Chairman of the Board, commission, or other hearing body, or the hearing officer, may, before or during the hearing, convene a meeting of the interested parties for purposes of case management and establishing a pre-hearing or hearing plan to govern the presentation of testimony and other evidence, questioning, relevance, time limitations, and other reasonable considerations that promote an efficient and orderly hearing; any and all objections relating to a hearing plan or other rules established for hearings, pursuant to this paragraph, shall be waived unless made at the meeting and shall be subject to judicial review in a single action that must be filed no later than 7 days after the date the hearing plan or rules are established, however, the court obtaining jurisdiction over any such matter may retain jurisdiction until the disposition of the case by the county.

(d) For purposes of this Section, an "interested party" means the petitioner, the county, any unit of government having jurisdiction over the territory that is the subject of the petition, or any person or entity required to be given notice of the public hearing by mail.

(Source: P.A. 94-1027, eff. 7-14-06; 95-843, eff. 1-1-09.)

Section 99. Effective date. This Act takes effect upon becoming law.