The Crystal Lake High School District lost its South High School bleacher case in the Illinois Supreme Court today.
The state’s highest court upheld the decision of McHenry County Circuit Court Judge Michael Chmiel.
Here is the conclusion of the Court:
“…we affirm the judgment of the appellate court affirming the trial court’s order granting summary judgment in favor of the city of Crystal Lake and decreeing that the Board of Education of Community High School District No. 155 is subject to the City’s zoning and storm water ordinances.”
The reasoning included the follow:
“There is no support for the Board’s contention that the application of local zoning laws to school district property unduly interferes with the General Assembly’s plenary power over public education…
“The issues involved in zoning—the size, height, and location of buildings, setbacks from property lines, and the due process rights of neighboring property owners—are not addressed by a building code. The Health/Life Safety Code is concerned with building and construction standards to protect the health, safety, and welfare of those who use public school facilities. See 105 ILCS 5/2-3.12(a) (West 2012). It does not address the health, safety, and welfare of the community as a whole. The City’s decision not to be notified of building code matters did not waive or diminish the City’s interest in or authority over zoning and storm water management issues on school-owned property. Thus, the Health/Life Safety Code does not preempt or limit the City’s authority over zoning and land use issues within its jurisdiction.
“As a home rule municipality, the City has the power to regulate land use within its jurisdiction through zoning. There is no statute which exempts school district property from the exercise of the City’s zoning laws. Accordingly, we hold that the bleacher construction project undertaken by the Board and the District is subject to the City’s zoning and storm water ordinances.”
The complete decision may be found here.
The School District’s statement about demolishing the bleachers is here.
The City of Crystal Lake’s reaction is here.