Supreme Court to Review School District Zoning Case

By March 13, 2015 News No Comments

The Illinois Supreme Court granted a petition filed by HLERK seeking review of the recent appellate court decision in the “bleachers case” out of Crystal Lake South High School.

As we previously reported, the appellate court decided that the bleachers, and all property used for school purposes, are subject to municipal zoning ordinances. The trial court previously ordered the School District to demolish the bleachers, but the appellate court granted a stay of demolition until the Supreme Court decides the case. The Regional Superintendent of Schools for McHenry County also asked the Supreme Court to hear the case.

If left to stand, the appellate court ruling would mean that both existing and future school facilities, both in District 155 and throughout the state, could be subject to municipal zoning review—even if they had already been approved by the local regional superintendent as required by the School Code.

The IASB, IASA and IASBO have sought leave to file a “friend of the court” brief in support of the School District’s position. Please join us in thanking your professional organizations for their support.

HLERK is providing legal services for the Supreme Court appeal on a pro bono basis because of the importance of this issue to school districts throughout the State.

Contact Rob Swain or Dean Krone with your school zoning inquiries.

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