Agenda - Planning Commission - 12/04/2003

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Page 4 -- October 25, 2003 Petra sued, arguing the village's zoning code discriminated against it and it should be allowed to build its church on the subject property. DECISION: Judgment in favor of village. Petra could not force the village to allow it to operate in the industrial area. The vLllage determined churches were better suited for residential areas and membership organizations were not well-suited for industrial districts. Religious orgarfizations were permitted by hght in residential districts, and allowed in commercial and office districts with a special permit. There was no evidence suggesting the zoning code's purpose was to re- strict religious speech in any way. Churches could freely disseminate religious speech in approximately 70 percent of Northbrook's area, either by right or with a special permit. Petra claimed the zoning code unreasonably limited religious assemblies by relegating them to areas that were already built up. Northbrook, as a whole, was largely developed. However, churches could not locate wherever' they wanted simply because there was not much vacant land available. Although Petra spent a significant amount of time and money searching for a suitable property, such as retaining, tegal advice and applying for permits, there was no evidence non-religious membership organizations would not face similar expenses. Petra arguably made substantial expenditures on the property, but it failed to show those expenditures were made in good faith reliance on the probability of obtaining the appropriate permits. Citation: Perra Presbyterian Church v. Village of Norrhbrook, U.S. Distm'cr Court for the Northern District of £llinois, Eastern Division, No. 03 C ]936 (2003). see also: Venrura Count/Christian High School v. City of San B~enavenn~ra, 233 F. Supp.2d 124] (2002). see also: City of Chicago Heights v. Living Word Outreach Full GOspel Church and Ministries [nc., 749 N.£.2d 916 (2001). 82 Eminent Domain -- Court considers office use for property valuation City argues property only' z. oned for residential use N~EVADA (08/27/03) -- The city condemned Bustos' property in an eminent domain proceeding for the purpose of widening Alta Drive. At the time of condemnation, the property was classified under the general plan as medium- to low-density residential and was located north of a portion of Alta Drive classified as single family residential. Although the property was located on the edge of a small residential neighborhood, the. Las Vegas medical district was located just across the street and a number of'residences had ready been converted into professional offices. The lower court found a zoning change for the property was reasonably possible. Consequently, the court found the properzy should be valued as if was zoned for commercial use as a professional office because that would