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LAMAR WHITECO OUTDOOR. v. WEST CHICAGO

Nos. 2-03-1392, 2-04-0575.

823 N.E.2d 610 (2005)

355 Ill. App.3d 352

291 Ill.Dec. 318

LAMAR WHITECO OUTDOOR CORPORATION, Jagen Lingamneni, and Phillip Vovola, Plaintiffs-Appellants, v. The CITY OF WEST CHICAGO and Bill Beebe, Code Enforcement Officer for the City of West Chicago, in his Official Capacity, Defendants-Appellees. Clear Channel Outdoor, Inc., f/k/a Eller Media Company, successor-in-interest to Patrick Media as successor-in-interest to Foster and Kleiser, Richard Howland, Ronald Kuhn, and Harry W. Kuhn, Plaintiffs-Appellants, v. The City of West Chicago, Defendant-Appellee.

Appellate Court of Illinois, Second District.

Rehearing Denied March 8, 2005.

Attorney(s) appearing for the Case

Sanford M. Stein, Wallace C. Solberg, Laura C. Scotellaro, John A. Simon, Arthur M. Scheller III, Gardner, Carton & Douglas LLP, Chicago, for Lamar Whiteco Outdoor Corp., Jagen Lingamneni, Phillip Vovola.

Russell W. Hartigan, Paul A. Farahvar, Hartigan & Cuisinier, P.C., Chicago, for Bill Beebe and City of West Chicago.

Philip J. Rock, Kevin W. Horan, William M. Brennan, Rock Fusco & Garvey, Ltd., Chicago, for Clear Channel Outdoor, Inc., f/k/a Eller Media Co., Patrick Media, Foster & Kleiser, Richard Howland, Harry W. Kuhn and Ronald Kuhn.

Patrick K. Bond, Keith E. Letsche, Bond, Dickson & Associates, P.C., Wheaton, for City of West Chicago.

Justice BYRNE delivered the opinion of the court:

These consolidated appeals each involve a challenge to a City of West Chicago (City) zoning ordinance that was amended on October 19, 1992, to ban certain commercial and noncommercial off-premises advertising structures, including all billboards. The amended ordinance provided for a seven-year "amortization" period, or grace period, for removing existing nonconforming structures or making them compliant with the ordinance...

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