VILLAGE OF NORTHFIELD v. BP AMERICA, INC.

No. 1-10-0142.

933 N.E.2d 413 (2010)

VILLAGE OF NORTHFIELD, Plaintiff-Appellant, v. BP AMERICA, INC., Defendant-Appellee.

Appellate Court of Illinois, First District, Second Division.

July 27, 2010.


Attorney(s) appearing for the Case

Klein, Thorpe and Jenkins, LTD, Chicago (Everette M. Hill, Jr., Michael J. Duggan and Kathleen T. Henn, of counsel), for Appellants.

Albert, Whitehead, P.C., Chicago (Charles G. Albert, Laurie D. Jaffe, Henry J. Ford, Jr., of counsel), for Appellees.


Justice HOFFMAN delivered the opinion of the court:

The narrow question before this court is whether a local ordinance defining an abandoned gasoline service station as a nuisance is preempted by section 11-31-1 of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/11-31-1 (West 2008)). For the reasons which follow, we conclude that it is not.

The facts giving rise to this appeal are not in dispute. BP America...

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