Greer v. Ill. Housing Dev. Authority

13 Citing cases

  1. Ruisard v. Village of Glen Ellyn

    406 Ill. App. 3d 644 (Ill. App. Ct. 2010)   Cited 7 times

    β€’ 2 The section provides that any owner of real property within the specified area may institute an action if the owner shows that his property or person will be substantially affected by the alleged violation. Greer v. Illinois Housing Development Authority, 150 Ill. App. 3d 357, 389 (1986), aff'd, 122 Ill. 2d 462 (1988). As stated, there is no question that plaintiffs all reside within 1,200 feet of the water tower.

  2. City of Chicago v. Higginbottom

    219 Ill. App. 3d 602 (Ill. App. Ct. 1991)   Cited 14 times
    Stating that a reviewing court "is not simply an umpire and is responsible for the justice of the judgment that it enters"

    Although the argument that Judge Bedoya's decision was against the manifest weight of the evidence was not properly in the Intervenors' brief, we have decided to consider it. Consequently, in order to pass on that argument, we have been required to review all of the transcripts of all of the proceedings in the record, the pleadings, two depositions, a transcript of a hearing before a community group and to take judicial notice of the case of Greer v. Illinois Housing Development Authority (1986), 150 Ill. App.3d 357, 501 N.E.2d 723, aff'd (1988), 122 Ill.2d 462, 524 N.E.2d 561. We have not read all of the memoranda of law submitted by the parties in the trial court.

  3. Greer v. Ill. Housing Dev. Authority

    122 Ill. 2d 462 (Ill. 1988)   Cited 371 times   2 Legal Analyses
    Holding that, in Illinois, lack of standing is an affirmative defense, and contrasting Illinois with federal courts "where lack of article III (U.S. Const., art. III) standing is a bar to jurisdiction"

    It affirmed the judgment on the pleadings in favor of the other appellants on the zoning ordinance claim, but reversed the trial court's judgment in favor of the other appellants on the building code and rehabilitation code claims. ( 150 Ill. App.3d 357.) We granted appellants' petition for leave to appeal.

  4. Shoub Props., LLC v. Vill. of Glen Ellyn

    2021 Ill. App. 2d 200342 (Ill. App. Ct. 2021)

    Case law also supports the plaintiffs' proposition. See Greer v. Illinois Housing Development Authority, 150 Ill.App.3d 357, 385 (1986) (neighbors alleging that a proposed development violated a zoning ordinance); Nonnenmann v. Lucky Stores, Inc., 53 Ill.App.3d 509, 512 (1977) (plaintiff contesting the defendant's proposed use of the property). We therefore agree that the plaintiffs need not wait until construction has commenced to bring this suit.

  5. Frederick v. Gaca

    2020 Ill. App. 3d 200154 (Ill. App. Ct. 2020)   Cited 3 times

    Frederick also established that he lived within 1200 feet of the defendants' property and was substantially affected by the ordinance violations. See Greer v. Illinois Housing Development Authority, 150 Ill. App. 3d 357, 390 (1986), aff'd, 122 Ill. 2d 462 (1988) ("it is [the] nature of the zoning violation itself that establishes the 'substantial effect' sufficient to *** maintain [the] action"). Accordingly, Frederick was entitled to relief.

  6. Bac Home Loans Servicing, LP v. Piper

    2017 Ill. App. 3d 150738 (Ill. App. Ct. 2017)

    First, a response is only required when the affirmative defense contains "new matter" that was not previously set forth in the allegations of the complaint. See Greer v. Illinois Housing Development Authority, 150 Ill. App. 3d 357, 366 (1986). Second, only facts, not legal conclusions, alleged in a defense are admitted. Andrews, 256 Ill. App. 3d at 770.

  7. Nord v. Vill. of Saybrook

    2014 Ill. App. 4th 140017 (Ill. App. Ct. 2014)

    Greer v. IllinoisHousing Development Authority, 150 Ill. App. 3d 357, 392, 501 N.E.2d 723, 745 (1986). It is well established a private landowner cannot maintain an action against a municipality pursuant to section 11-13-15. See, e.g., Dunlap, 394 Ill. App. 3d at 639, 915 N.E.2d at 898; Heerey v. Berke, 179 Ill. App. 3d 927, 934, 534 N.E.2d 1277, 1281 (1989) ("[T]he language of the statute does not provide a cause of action against the city by a landowner.").

  8. Ruisard v. Vill. of Glen Ellyn

    2013 Ill. App. 2d 120480 (Ill. App. Ct. 2013)

    Id. Section 11-13-15 of the Municipal Code permits an action by either a municipality, or an owner or tenant of real property within 1,200 feet in any direction of property allegedly used in violation of municipal or local ordinances, to seek a variety of equitable remedies for the alleged violations. Greer v. Illinois Housing Development Authority, 150 Ill. App. 3d 357, 389 (1987). ΒΆ 56 Count V was based on section 10-10-18(B) of the Zoning Code, which contains language that is very similar to the language in section 11-13-15 of the Municipal Code:

  9. Dottie's Dress Shop, Inc. v. Village of Lyons

    729 N.E.2d 1 (Ill. App. Ct. 2000)   Cited 3 times

    Heft v. Zoning Board of Appeals, 31 Ill.2d 266, 270-71 (1964). Generally, a court will not overturn the conclusion of an administrative agency unless that conclusion was against the manifest weight of the evidence or was arbitrary and capricious.Greer v. Illinois Housing Development Authority, 150 Ill. App.3d 357, 384 (1986). Moreover, if there is competent evidence in the record that supports the Board's findings, those findings should be affirmed.

  10. City of Chicago v. Illinois Commerce Commission

    689 N.E.2d 241 (Ill. App. Ct. 1997)   Cited 10 times

    An agency's authority must arise either from the express language of the statute or by fair implication and intendment from the express provisions of the act as an incident to achieving the objectives for which the agency was created. Greer v. Illinois Housing Development Authority, 150 Ill. App.3d 357, 383, 501 N.E.2d 723 (1986). Thus, the Act statute must contain a strong indication of legislative intent to authorize the Commission to regulate 9-1-1 surcharges.