LawLawPalooza 2014 American Planning Association Illinois State Conference David S. Silverman, AICP Gregory W. Jones, AICP Ancel Glink Diamond Bush DiCianni & Krafthefer, P.C.

2014 LawLaw Lineup Main Stage 1) Case law update 2) Legislative update 3) Public meeting update 4) How to keep a public hearing from turning into a palooza 5) After party

Case Law Update If you’re tired of sitting through boring legal sessions, try these: 1) Ancel Glink In the Zone 2) Ancel Glink Municipal Minute MunicipalMinute.ancelglink.com 3)Ancel Glink Today

Case Law Update Platform I Shore, LLC v. Village of Lincolnwood

Case Law Update Platform v. Lincolnwood (Contd.) Gun range in a business corridor What is “recreation?” How does your zoning code define recreation?

Case Law Update Gurba v. Community High School District 155

Case Law Update Gurba v. CHSD 155 (Contd.) Q: Are schools subject to local zoning regulations? A: It depends on who you ask

Case Law Update Gurba v. CHSD 155 (Contd.) School built bleachers without zoning approval from Crystal Lake Neighbors complained School Code authorizes schools to seek zoning relief Home rule authority

Legislative Update 2014: The Year of Pot

Legislative Update Illinois Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) –Effective January 1, 2014 –Authorizes growing and selling cannabis at retail to qualified patients

Legislative Update Cannabis Act (Contd.) 3 things to know: 1)Municipalities have zoning authority 2)Outright ban is a bad idea 3)Many communities require special use approval

Legislative Update Cannabis Act (Contd.) Application deadline has passed (Sept. 22, 2014) State decisions expected in early 2015 Subsequent application periods are possible

Legislative Update The Smoke Free Illinois Act – It’s Back!

Legislative Update Smoke Free (Contd.) General Assembly approved in 2007 Effective on January 1, 2008 Waiting 7+ years for rules

Legislative Update Smoke Free (Contd.) “Smoking is prohibited in a restaurant, bar, and any area where food, beverages or both are prepared or served by employees, including outdoor areas such as patios, beer gardens, decks or rooftops or concession areas.”

Public Meeting Update

It’s time to review your public comment rules Public Access Counselor Opinion Alters decades of custom and practice

Public Meeting Update Village of Lemont Speakers asked to state name and address before addressing board PAC Says: –Procedures must be in writing –Chilling effect on speech

How to keep a public hearing from turning into a palooza

Overview of Due Process Klaeren 65 ILCS 5/ ILCS 5/ Cases

Scenario #1 A neighborhood group is doing everything they can to delay a vote on a zoning application, including speaking at length at the public hearing, requesting multiple continuations, hiring expert witnesses, etc. What can (or must) the hearing body do?

Scenario #2 A resident asks to cross-examine the applicant's engineer - does the commission have to allow this?

Scenario #3 A developer has invited the zoning board and city council to tour a stone crushing operation in a nearby community a week before the hearing on a zoning application for a special use permit for a similar facility. Does this create any legal concerns?

Scenario #4 The commission wants to establish a 3 minute time limit for individual testimony but plans to allow the applicant as much time as he needs to present his application. Can the commission do this?

Scenario #5 A public hearing is scheduled, and there is no quorum. Can the board still hear public testimony?

Problem #? What situations have you faced in your community?

Tips for More Effective Hearings Consider establishing and adopting rules of procedure for conducting public hearings – provide copies of the rules to all interested parties and their representatives at the beginning of any contentious hearing or application process Prepare a brief “outline” of how the public hearing will be conducted that is available to the public so they understand the process Be flexible Err on the side of allowing testimony, but remember process also applies to the developer (not just to neighboring property owners)

After Party David S. Silverman (312) Gregory W. Jones (312)