WCCCG v. COUNTY OF WINNEBAGO

No. 2-07-0362.

891 N.E.2d 448 (2008)

WINNEBAGO COUNTY CITIZENS FOR CONTROLLED GROWTH, Plaintiff-Appellant, v. The COUNTY OF WINNEBAGO, Scott H. Christiansen, in His Official Capacity, David F. Johnson, in His Official Capacity, Winnebago County Zoning Board of Appeals, Carol Wilke, in Her Official Capacity, and Dyn Cannell, LLC, Defendants-Appellees (Rockton Township, The Village of Rockton, Dale Adams, in His Official Capacity, Martin Simpson, in His Official Capacity, David DeGroot, in His Official Capacity, Ruth Ann Roth, in Her Official Capacity, Scott Scull, in His Official Capacity, Winnebago County Health Department, Ann O. Schroeder, Thomas E. Jencius, Cynthia S. Campbell, Gerald A. Paulson, Natural Land Institute, Larry A. Weber, Clifford D. Wilson, Bernard E. Walsh, Mark A. Baker, Farm Bureau Board of Winnebago County, Elaine Pierce, Cheryl Bradley, Diane Ott, Donald J. Stein, Marie Darin, Kathleen Gummow, Carrie Schommer, and Shirland School District Number 134, Defendants).

Appellate Court of Illinois, Second District.

June 18, 2008.


Attorney(s) appearing for the Case

Scott A. Calkins, Ian K. Linnabary, Reno & Zahm LLP, Rockford, for Winnebago County Citizens for Controlled Growth.

Philip J. Nicolosi, Winnebago County State's Attorney, Sara M. Hohe, Assistant State's Attorney, Rockford, for County of Winnebago.

Nancy G. Lischer, Thomas J. Lester, Hinshaw & Culbertson, LLP, Chicago, Jeffery M. Glass, Hinshaw & Culbertson, LLP, Rockford, for Dyn Cannell, LLC.

David J. Kurlinkus, Nicolosi & Associates, P.C., Rockford, for Dale Adams, Village of Rockton.

Stephen H. DiNolfo, Ottosen, Britz, Kelly, Cooper & Gilbert, Ltd., Naperville, for Shirland School District No. 134.


Presiding Justice GILLERAN JOHNSON delivered the opinion of the court:

The plaintiff, Winnebago County Citizens for Controlled Growth (WCCCG), filed suit following the passage of an ordinance by the defendant, the County of Winnebago, which granted the defendant Dyn Cannell, LLC, a special use permit to construct a planned community development (PCD) in Rockton, Illinois. The defendants moved to dismiss the complaint, arguing that WCCCG lacked standing to bring the...

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