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Civil Procedure Keyed to Counsellor, 3rd Ed.
River Park, Inc. v. City of Highland Park
Citation:
703 N.E.2d 883 (1998)Facts
The plaintiffs owned a 162-acre piece of land in Highland Park known as the Highland Park Country Club. In 1988, they petitioned the city to change the zoning classification and approve their residential development plan. After numerous hearings, the plan commission approved their request in November 1989, and the city council granted preliminary approval in January 1990. City ordinance required final engineering plans to be approved within one year. The plaintiffs submitted these plans in April 1990, but the city engineer delayed review until October, and then refused to complete the review by the December deadline. Without engineering approval, the city council refused to place the petition on its agenda. In January 1991, the city withdrew its preliminary approval, forcing River Park into bankruptcy. When plaintiffs filed a new petition for rezoning in 1991, the city again delayed action and ultimately deemed the petition withdrawn when plaintiffs could not provide proof of ownership by an arbitrary deadline. The city then purchased the property from the plaintiffs’ lender at below market value. Plaintiffs first filed a §1983 action in federal court, which was dismissed. They subsequently filed state law claims in Illinois state court, which were ultimately held to be barred by res judicata.
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