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HAWTHORNE v. VILLAGE OF OLYMPIA FIELDS

No. 93462.

790 N.E.2d 832 (2003)

204 Ill.2d 243

274 Ill.Dec. 59

Sonya D. HAWTHORNE, Appellee, v. The VILLAGE OF OLYMPIA FIELDS et al., Appellants.

Supreme Court of Illinois.

April 17, 2003.

Attorney(s) appearing for the Case

John B. Murphey and Judith N. Kolman, of Rosenthal, Murphey & Coblentz, Chicago, for appellants.

Jonathan K. Baum and Sarah E. Smith, of Katten, Muchin, Zavis & Rosenman, and Amy L. Zimmerman, Chicago, for appellee.

Victor P. Filippini, Jr., Barbara A. Adams and Elliot M. Regenstein, of Holland & Knight, L.L.P., Chicago, for amici curiae Villages of Grayslake, Hinsdale, La Grange and Lake Zurich.

Ronald N. Schultz, Rockford Legal Director (Kathleen Elliott, of counsel), for amicus curiae City of Rockford.

Carolyn Shapiro, of Miner, Barnhill & Galland, Chicago, for amici curiae Voices for Illinois Children et al.

Justice RARICK delivered the opinion of the court:

The issue we are asked to resolve in this case is whether a non-home-rule unit of local government may use its statutory zoning authority to prevent operation of a home day-care facility licensed by the State of Illinois. On cross-motions for partial summary judgment, the circuit court held that it may not. The appellate court affirmed. 328 Ill.App.3d 301,

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