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OUR SAVIOR EVANGELICAL LUTHERAN v. SAVILLE

No. 2-08-0105.

922 N.E.2d 1143 (2009)

OUR SAVIOR EVANGELICAL LUTHERAN CHURCH, Plaintiff-Appellant, v. Michael B. SAVILLE, Mayor pro tem, The City Council of The City of Aurora, The City of Aurora, Margaret Truax, Chairman of the Aurora Zoning Board of Appeals, and The Aurora Zoning Board Of Appeals, Defendants-Appellees. (Paul McCue, Yvette McCue, and Ray Anderson, as Trustee of the Anderson Family Trust, Defendants).

Appellate Court of Illinois, Second District.

December 31, 2009.

Attorney(s) appearing for the Case

Terry A. Fox, Michael Resis, SmithAmundsen LLC, Chicago, Ellen L. Green, SmithAmundsen LLC, St. Charles, for Our Savior Evangelical Lutheran Church.

Patrick M. Kinnally, Kinnally, Flaherty, Krentz & Loan, P.C., Aurora, for City of Aurora.

Kate L. McCracken, Hoscheit, McGuirk, McCracken & Cuscaden, P.C., for Paul, McCue and Yvette McCue.

Justice SCHOSTOK delivered the opinion of the court:

The plaintiff, Our Savior Evangelical Lutheran Church (Our Savior or the church), applied for (1) a site plan review of its proposed new building addition, parking lot, and driveway, or, in the alternative, (2) a special use permit for the same improvements to the church's property. After the defendants, Michael B. Saville, Mayor pro tem; the City Council of the City of Aurora; the City of Aurora; Margaret...

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