Chicago Court Rules Local Landmarks Law Unconstitutional
From Crain’s
Court strikes down city’s landmarks law
By Thomas A. Corfman
Jan. 30, 2009
(Crain’s) – An Illinois appellate court has struck down the city of Chicago’s landmarks ordinance, saying it is unconstitutionally vague, putting in jeopardy the city’s protection of more than 250 buildings and 50 historic districts.
The ordinance, which was enacted in 1968, prohibits any demolition or alteration of properties that are designated landmarks by the Commission on Chicago Landmarks, an eight-member body appointed by the mayor.
The commission, whose decisions can be overturned by the Chicago City Council, makes landmark designations based on seven standards that the court found violated the Illinois Constitution because they were too vague.
“We believe that the terms ‘value,’ ‘important,’ ‘significant,’ and ‘unique’ are vague, ambiguous, and overly broad,” Appellate Court Judge James Fitzgerald Smith wrote for a three-judge panel.
While the ruling technically involves only two of the city’s landmark districts, the decision could be applied to all of the city’s landmark areas, leaving them vulnerable to legal challenge, says zoning attorney Jack Guthman, a partner a partner at Chicago law firm Shefsky & Froelich Ltd., who isn’t involved in the case.
“They are all compromised,” Mr. Guthman said.
The ruling does not immediately invalidate the ordinance, which will remain in effect until the case is over.
The ruling is a victory for Albert Hanna, who has waged a personal litigation campaign against the city’s land-use ordinances and was one of two plaintiffs in the case. Mr. Hanna, a senior vice-president with Chicago-based real estate firm Draper & Kramer Inc. challenged the Arlington-Deming District in the posh Lincoln Park neighborhood.
The Daley administration is considering appealing the case to the Illinois Supreme Court, a spokeswoman for the city’s Law Department said.
“We disagree with the appellate court’s analysis and its end result,” she said.
While the court order technically sent the case back to the Circuit Court of Cook County for trial, it effectively decided the constitutionality of the ordinance.
“This could have the end result of invalidating the ordinance because the appellate court decision doesn’t really give the circuit any room to find otherwise,” the law department spokeswoman said.
The city’s landmark districts cover some of the city’s most historic areas, such as Astor Street in the Gold Coast and the Prairie Avenue District on the Near South Side.
Real estate developers and zoning lawyers have complained that the districts have sometimes been used to effectively “downzone” neighborhoods, reducing the size of new buildings by limiting any new construction. The Historic Michigan Boulevard District, which was established in 2002, was opposed by many property owners in the district, which stretches along Michigan Avenue from Randolph Street to 11th Street.
The ordinance uses the same criteria for landmarking individual properties and for creating landmark districts.
The other plaintiff, Carol C. Mrowka, challenged a landmark district in the East Village neighborhood on the city’s Northwest Side. The plaintiffs were represented by Chicago attorney Thomas Ramsdell.
Appellate Court Judges Margaret O’Mara Frossard and Michael P. Toomin joined in the decision.
Copyright © 2009 Crain Communications, Inc.