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State
Supreme Court Rejects
Chicago’s Landmarks Plea
Illinois
On May 28, 2009, the Illinois Supreme Court rejected the
City of Chicago’s petition asking the court to review a
January 30th ruling by the Illinois Appellate Court that
puts the Chicago Landmarks Ordinance at risk. Landmarks
Illinois, the National Trust for Historic Preservation,
the Illinois Attorney General, and a score of cities and
organizations had joined the City to request review of
the case by the Illinois Supreme Court.
This decision means the case now will be sent back to
Cook County trial court Judge Sophia Hall, who will have
to hold a hearing and render a judgment that is
consistent with the Appellate Court’s opinion, which had
said that criteria in the Chicago Landmarks Ordinance
were “unconstitutionally vague.” (The original case was
filed in 2006 by two Chicago property owners who were
displeased with the City’s designation of their
neighborhoods as local landmark districts.)
It is expected that, when the case is concluded later
this summer, Judge Hall will enter a final order that
finds language in the Chicago Landmarks Ordinance to be
“vague.” The City of Chicago may then formally appeal
that decision. However, until the trial court makes such
a ruling, the local landmarks ordinance will remain in
effect.
In the meantime, Landmarks Illinois has received
countless phone calls and e-mails from municipalities
concerned about the potential impact of this court case
on their local landmark ordinances. Chicago’s Landmarks
Ordinance is similar to many other landmark laws across
Illinois and the United States. Since its passage in
1968, the Chicago ordinance has resulted in the
protection of 276 individual landmarks and 51 landmark
districts, encompassing nearly 10,000 properties.
The following signed onto the March 11th motion in
support of the City of Chicago:
Illinois Municipalities
City of Aurora
(City of Blue Island – not included due to timing of
submission)
City of Highland Park
City of Lake Forest
Village of Oak Park
City of Rock Island
City of Urbana
(Village of Wilmette – not included due to timing of
submission)
Illinois Associations and Organizations
AIA Chicago
Illinois Association of Preservation Commissions
Illinois Historic Preservation Agency
Illinois Municipal League
Landmarks Illinois
Preservation Chicago
Scenic Illinois
National Associations and Organizations
National Association of Preservation Commissions
National Trust for Historic Preservation
Preservation Action
Other American City Preservation Organizations
Cleveland Restoration Society
New York Landmarks Conservancy
Pittsburgh History and Landmarks Foundation
Download the March 11th motion in support of the City
of Chicago:
Download the PDF of the appellate court ruling:
(issued Jan. 30, 2009; revised Mar. 6, 2009):
Download Landmarks Illinois’ Preservation Brief No.
111 to answer common questions on the appellate court
decision:
Click the links below to read full articles about the
appellate court ruling:
Chicago Tribune Stories
Preservation Magazine
Crain’s Chicago Business
Chicago Architect Magazine
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