Zoning

Hendricks v. Barlow

Summary:

Landowners were held in violation of a zoning regulation, established under a Hendricks County ordinance, which forbade having wild animals residing on residential property.   The trial court held that the county could not pass such a law, since it would be preempted by state and federal law.   However, on appeal, this Court found that federal  (the AWA) and state law did not preempt the County from passing such ordinances.   The trial court erroneously attempted to interpret the law when it was not ambiguous, and, thus, preemption   by state and federal law should not have been found.   Thus, the zoning regulation was permitted.

Landowners were held in violation of a zoning regulation, established under a Hendricks County ordinance, which forbade having wild animals residing on residential property.   The trial court held that the county could not pass such a law, since it would be preempted by state and federal law.   However, on appeal, this Court found that federal  (the AWA) and state law did not preempt the County from passing such ordinances.   The trial court erroneously attempted to interpret the law when it was not ambiguous, and, thus, preemption   by state and federal law should not have been found.   Thus, the zoning regulation was permitted.

Mississippi Bluff Motel Inc. v. Rock Island County

Summary:

The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge.  The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people.  Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit.  For further discussion on the federal Bald and Golden Eagle Protection Act, see Detailed Discussion of Eagle Act .

The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge.  The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people.  Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit.  For further discussion on the federal Bald and Golden Eagle Protection Act, see Detailed Discussion of Eagle Act .