2018 IL App (5th) 170309 NOTICE Decision filed 10/12/18. The text of this decision may be NO. 5-17-0309 changed or corrected prior to the filing of a Peti ion for Rehearing or the disposition of IN THE the same. APPELLATE COURT OF ILLINOIS FIFTH DISTRICT ______________________________________________________________________________ CEDARHURST OF BETHALTO REAL ) Appeal from the ESTATE, LLC, ) Circuit Court of ) Madison County. Plaintiff-Appellant, ) ) v. ) No. 17-MR-118 ) THE VILLAGE OF BETHALTO, ILLINOIS; ) ALAN WINSLOW, in His Official Capacity ) as Mayor of the Village of Bethalto; ) GERALD BOURLAND, in His Official Capacity ) as Trustee of the Village of Bethalto; ) PERRY WITHERS, in His Official Capacity ) as Trustee of the Village of Bethalto; ) JEFF MULL, in His Official Capacity ) as Trustee of the Village of Bethalto; ) GARY BOST, in His Official Capacity ) as Trustee of the Village of Bethalto; ) BRADY DUGGER, in His Official Capacity ) as Trustee of the Village of Bethalto; ) and DAN McRAE, in His Official Capacity ) as Trustee of the Village of Bethalto, ) Honorable ) Philip B. Alfeld, Defendants-Appellees. ) Judge, presiding. ______________________________________________________________________________ JUSTICE CHAPMAN delivered the judgment of the court, with opinion. Justices Cates and Moore concurred in the judgment and opinion. OPINION ¶1 Cedarhurst of Bethalto Real Estate, LLC (Cedarhurst), is a corporate entity located in the Village of Bethalto (Village) that operates a local residential nursing home. Unique Homes 1 Properties, Inc. (Unique Homes), had plans to develop a new senior citizen residential, nursing, and memory care facility in Bethalto. Cedarhurst filed suit against the Village and its mayor and trustees (collectively referred to as defendants in this opinion), alleging that the defendants must regulate development near the St. Louis Regional Airport and that the permission defendants granted Unique Homes violates the Village’s 2000 comprehensive plan because the tract of land is too geographically close to the airport. Defendants filed a motion to dismiss Cedarhurst’s complaint, alleging that Cedarhurst had no standing. On July 20, 2017, the trial court granted defendants’ motion. In its detailed order, the court found that because Cedarhurst was complaining about a third party’s planned land usage, it was required to plead direct personal special injury or damages. Cedarhurst was not able to plead personal damages connected to Unique Homes’ planned development, and so the court held that it lacked standing. For the reasons that follow in this opinion, we affirm the trial court’s order dismissing Cedarhurst’s complaint. ¶2 FACTS ¶3 Cedarhurst alleges that Unique Homes is constructing a senior citizen residential and memory care facility in the Village and claims that the proposed site is in the flight path of the main runway of the St. Louis Regional Airport. The tract allegedly abuts the airport’s runway protection zone. Cedarhurst cites to the Village’s 2000 comprehensive plan, which Cedarhurst alleges required the Village to create an airport overlay district. The 2000 comprehensive plan serves as “a general plan to guide the future development ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals