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Public Act 095-0843 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-12012.1 as follows: | ||||
(55 ILCS 5/5-12012.1)
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Sec. 5-12012.1. Actions subject to de novo review; due | ||||
process. | ||||
(a) Any decision by the county board of any county, home | ||||
rule or non-home rule, in regard to any petition or application | ||||
for a special use, variance, rezoning, or other amendment to a | ||||
zoning ordinance adopted by the county board of any county, | ||||
home rule or non-home rule, shall be subject to de novo | ||||
judicial review as a legislative decision, regardless of | ||||
whether the process in relation thereto of its adoption is | ||||
considered administrative for other purposes. Any action | ||||
seeking the judicial review of such a decision shall be | ||||
commenced not later than 90 days after the date of the | ||||
decision. | ||||
(b) The principles of substantive and procedural due | ||||
process apply at all stages of the decision-making and review | ||||
of all zoning decisions.
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(Source: P.A. 94-1027, eff. 7-14-06.) |
Section 10. The Township Code is amended by changing | ||
Section 110-50.1 as follows: | ||
(60 ILCS 1/110-50.1)
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Sec. 110-50.1. Actions subject to de novo review; due | ||
process. | ||
(a) Any decision by the township board of any township in | ||
regard to any petition or application for a special use, | ||
variance, rezoning, or other amendment to a zoning ordinance | ||
adopted by the township board of any township shall be subject | ||
to de novo judicial review as a legislative decision, | ||
regardless of whether the process in relation thereto of its | ||
adoption is considered administrative for other purposes. Any | ||
action seeking the judicial review of such a decision shall be | ||
commenced not later than 90 days after the date of the | ||
decision. | ||
(b) The principles of substantive and procedural due | ||
process apply at all stages of the decision-making and review | ||
of all zoning decisions.
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(Source: P.A. 94-1027, eff. 7-14-06.) | ||
Section 15. The Illinois Municipal Code is amended by | ||
changing Section 11-13-25 as follows: | ||
(65 ILCS 5/11-13-25) |
Sec. 11-13-25. Actions subject to de novo review; due | ||
process.
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(a) Any decision by the corporate authorities of any | ||
municipality, home rule or non-home rule, in regard to any | ||
petition or application for a special use, variance, rezoning, | ||
or other amendment to a zoning ordinance adopted by the | ||
corporate authorities of any municipality, home rule or | ||
non-home rule, shall be subject to de novo judicial review as a | ||
legislative decision, regardless of whether the process in | ||
relation thereto of its adoption is considered administrative | ||
for other purposes. Any action seeking the judicial review of | ||
such a decision shall be commenced not later than 90 days after | ||
the date of the decision. | ||
(b) The principles of substantive and procedural due | ||
process apply at all stages of the decision-making and review | ||
of all zoning decisions.
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(Source: P.A. 94-1027, eff. 7-14-06.)
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