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Commentary

People ex rel Klaeren v. Village of Lisle: Cross-Examination Required in Zoning Map Amendment Cases

 

Abstract

Planners should regularly review the provisions of local zoning hearing procedures, but for Illinois planners the need to upgrade such procedures is an imperative. Under a recent Illinois Second District Appeals Court decision, People ex rel Klaeren v. Village of Lisle, 737 N.E.2d, 1099 (Ill. App. Ct. 2000), 53 ZD 33, public hearing requirements for zoning map amendments, special uses, variances, and annexation agreements have gotten more exacting. As a consequence, more complicated hearings, including the right to cross-examine witnesses, will be conducted. If other jurisdictions follow the Lisle decision, it will change our previous understanding of the nature of zoning public hearing requirements. The decision also may persuade other appellate districts in Illinois (and other states) to adopt the same reasoning.

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