Lapp v. Village of Winnetka

13 Citing cases

  1. Chicago Title v. Bd. of Trustees

    376 Ill. App. 3d 494 (Ill. App. Ct. 2007)   Cited 14 times
    Explaining that the writ is available to obtain court review over administrative actions where the act conferring power on the agency does not adopt Illinois' Administrative Review Law, 735 Ill. Comp. Stat. Ann. 5/3-101

    Hawthorne v. Village of Olympia Fields, 204 Ill.2d 243, 253-54, 274 Ill.Dec. 59, 790 N.E.2d 832 (2003) (since zoning action was taken by village's board of trustees rather than its zoning board of appeals, it was not subject to the Administrative Review Law).           This court has stated that “when the act conferring power on the agency does not expressly adopt the Administrative Review Law," a plaintiff seeking review of an administrative act may file a petition for writ of certiorari.Lapp v. Village ofWinnetka, 359 Ill.App.3d 152, 166, 295 Ill.Dec. 777, 833 N.E.2d 983 (2005) . Thus, following the dictates of our decision in Lapp, a petition for writ of certiorari was the correct vehicle for review.           The ordinance in Lapp was similar to the ordinance in the case at bar.

  2. Dunlap v. Village of Schaumburg

    394 Ill. App. 3d 629 (Ill. App. Ct. 2009)   Cited 24 times
    In Dunlap, the plaintiff filed an action under section 11–13–15 of the Municipal Code (65 ILCS 5/11–13–15 (West 2006)), challenging the Village of Schaumburg's grant, by ordinance, of a zoning variance to her neighbors. Both the village and the neighbors were named as defendants.

    Putting aside for the moment any question of the standard of review applicable to legislative acts under section 11-13-25(a), which shall be discussed below, our review of a summary judgment, in any event, is de novo. Lapp v. Village of Winnetka, 359 Ill. App. 3d 152, 160, 833 N.E.2d 983, 990 (2005). A. Dunlap's Right of Action Under the Zoning Enabling Act

  3. Kadlec v. City of Chi.

    2021 IL App (1st) 192126 (Ill. App. Ct. 2021)

    "Administrative decisions are against the manifest weight of the evidence when the court, viewing the evidence in light most favorable to the administrative agency, determines that no rational trier of fact could have agreed with the agency's decision and that an opposite conclusion is clearly evident." Lapp v. Village of Winnetka, 359 Ill. App. 3d 152, 167 (2005). "The mere fact that an opposite conclusion is reasonable *** will not justify the reversal of administrative findings."

  4. Peace v. City of Chi. Dep't of Admin. Hearings

    2020 IL App (1st) 191209 (Ill. App. Ct. 2020)

    "Administrative decisions are against the manifest weight of the evidence when the court, viewing the evidence in the light most favorable to the administrative agency, determines that no rational trier of fact could have agreed with the agency's decision and that an opposite conclusion is clearly evident." Lapp v. Village of Winnetka, 359 Ill. App. 3d 152, 167 (2005). " 'The mere fact that an opposite conclusion is reasonable * * * will not justify the reversal of administrative findings.' "

  5. Dookeran v. the County of Cook

    396 Ill. App. 3d 800 (Ill. App. Ct. 2009)   Cited 6 times
    Permitting comments in student evaluations that demonstrated a pattern of student complaints against the plaintiff

    "A common law writ of certiorari is a general method for obtaining court review of administrative actions when the act conferring power on the agency does not expressly adopt the Administrative Review Law [citation], and provides for no other form of review." Lapp v. Village of Winnetka, 359 Ill. App. 3d 152, 166, 833 N.E.2d 983 (2005), citing Dubin v. Personnel Board, 128 Ill. 2d 490, 497-99, 539 N.E.2d 1243 (1989). The standard of review of a writ of certiorari is identical to that under the Administrative Review Law ( 735 ILCS 5/3-101 et seq. (West 2006)).

  6. Napleton v. Village of Hinsdale

    374 Ill. App. 3d 1098 (Ill. App. Ct. 2007)   Cited 18 times
    Listing La Salle factors as well as additional factors considered by other courts

    Further, zoning has been immemorially held to be a legislative function exercised by a municipality. Village of Euclid v. Amber Realty Co., 272 U.S. 365, 388, 71 L. Ed. 303, 311, 47 S. Ct. 114, 118 (1926); La Salle National Bank v. City ofEvanston, 57 Ill. 2d 415, 428 (1974); Lapp v. Village ofWinnetka, 359 Ill. App. 3d 152, 170 (2005). Additionally, it is similarly well established that, where there is room for a difference of opinion concerning the reasonableness of a zoning ordinance, the determination of the legislative body of the municipality is conclusive.

  7. County of Cook v. Monat

    365 Ill. App. 3d 167 (Ill. App. Ct. 2006)   Cited 4 times

    We agree that the special use at issue here does not run with the land. Summary judgment should be granted where the pleadings, depositions, affidavits, admissions, and exhibits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005'c) (West 2004); Home Insurance Co. v. Cincinnati Insurance Co., 213 Ill. 2d 307, 315, 821 N.E.2d 269 (2004); Lapp v. Village of Winnetka, 359 Ill. App. 3d 152, 160, 833 N.E.2d 983 (2005). The grant of summary judgment is reviewed de novo. Home Insurance Co., 213 Ill. 2d at 315; Lapp, 359 Ill. App. 3d at 160.

  8. Residences at Riverbend Condo. Ass'n v. City of Chi.

    5 F. Supp. 3d 982 (N.D. Ill. 2013)   Cited 6 times
    Concluding that the plaintiffs did not have a constitutionally protected property interest in property adjacent to the property subject to an ordinance

    Plaintiffs, for example, could have sought administrative review in the Circuit Court of Cook County, like the Petersen plaintiffs did. Seeid. at 463, 707 N.E.2d 150, 155, 236 Ill.Dec. 305, 310; see alsoLapp v. Village of Winnetka, 359 Ill.App.3d 152, 166, 833 N.E.2d 983, 995, 295 Ill.Dec. 777, 789 (1st Dist.2005). In a similar vein, Plaintiffs' argument that Amended PD–98 violates the City's other ordinances and plans does not establish a constitutional violation because “a unit of state or local government does not violate the federal Constitution just because it violates a state or local law.”

  9. Gallardo v. Chi. Transit Auth.

    2018 Ill. App. 170086 (Ill. App. Ct. 2018)

    We find that the Board's findings of fact were not against the manifest weight of the evidence where there was evidence of specific instances where Gallardo performed poorly and engaged in unprofessional conduct. ¶ 38 The findings and conclusions by the Board on questions of fact are accepted as "prima facie true and correct" and must be upheld on review unless they are against the manifest weight of the evidence. Lapp v. Village of Winnetka, 359 Ill. App. 3d 152, 167 (2005). "Administrative decisions are against the manifest weight of the evidence when the court, viewing the evidence in the light most favorable to the administrative agency, determines that no rational trier of fact could have agreed with the agency's decision and that an opposite conclusion is clearly evident."

  10. Peacock v. Board of Trustees

    395 Ill. App. 3d 644 (Ill. App. Ct. 2009)   Cited 27 times
    Holding that due process was violated where plaintiff received no prior notice and no meaningful opportunity to be heard before pension board terminated benefits

    On review, this court accords great deference to the Board's determinations on these issues. Lapp v. Village of Winnetka, 359 Ill. App. 3d 152, 167, 833 N.E.2d 983 (2005). After careful consideration of Dr. Lanoffs testimony, we do not believe that his opinion can be characterized as so lacking in credibility that the Board's acceptance of that opinion is against the manifest weight of the evidence.