Agenda - Planning Commission - 03/04/2010

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; i .1 I . 1 . i l ! l i i .f J :i I ! i .~~;. . . , -t..: .' . . ,,~.o:;: ~ . . .' ..; ~ : .<~ : ,Pi". .' . :~_.~ ...;~ . . . --~--.-..--_.- . . ,", '.: .... .... . .' :.. .~ - ..' 68' . January 25, 2010 I Volume 4 I No.2 . Zoning Bulletin . not denied access to any public meeting or placed at any disadvantage in relation to any proposal he wished to make to the Town or permit 0, he sought from it." Therefore, the "Town's reasonable pr~caution to communicate with [Tu~cio] in w.riting was not a violation of [his] con- . stitutional right [to petition the government]." See also: Dougherty v. Town of North Hempstead Rd. of Zoning Ap- peals, 282 R3d 83, 32 Envtl. L. Rep. 20462 (2d Cir. 2002). Case Note: The court noted that if Town officials"decision to communicate only in writing with Tuccio had "effectively denied TucCio access to permits or opportunities to do. business with the Town," the coUrt may have reached a differept conclusion. But, here, there was no such consequence. Notice-'-'Clty publishes notice of hearings on proposed zoning changes in local newspapers Property owners claim notice fails to provide them actual notice in violation of their due process rights Citation: PassaUno v. City of Zion, 2009 WL 4843389 (Ill. 2009) ULINOIS (12/17/09)~This case addressed the issue of whether the City's statutorily compliant-published notice regarding zoning changes failed to give property owners' their constitutionally required due process. The BackgroundlFacts: In 1972, as beneficiaries ()f a land trust, Jo- seph and Marlene Passalino'acquired property (the "Property") in the City of Zion (the "City"). The Property was ~Qned "R8," allowing for the development of single-family homes, and "R2," allowing for the ~evelopment of multi.,ple':'fall;li1y dwel1jngs. . During 1972 and 1973, the Passalinos constructed on the Property eight single-family homes ~d 48 of 142 planned multi-family dwellings. In March 1996, the City decided to adopt a new zoning ordi:nance . (the "Ordinance") for the entire muillcipality. The Ordinance rezoned 85 parcels in the City, including the Passalinos' Property. Under the Or- dinance, the Passalinos' Property was rezoned from R1, multi-family, to R8, single-family. . - In adopting the Ordinance, the City provided notices of related hearings in two local newspapers. These notices were in compliance with state statutory requirements und~r S 11-13-2 of the illinois Mu- nicipal Code (65 ILCS 5/11-13-2). 4 @ 2010 Thomson Reuters ~\ '--'-.' \j ..... : . - . _..~;-;-..-..~-.._-:--;-----..-:--.-~~. ,: " ....-. . """i'i ~.' . '.~' c;. "7~'h -.:' ~;: