Hanna v. City of Chicago - Is it really a big deal?
The Skyline is posting on the City’s appeal of the First District’s recent decision regarding the City of Chicago’s Landmarks ordinance in Hanna v. City of Chicago (Doc. No. 1-07-3548).
This case will go to the Illinois Supreme Court and Illinois towns are lining up to join in the appeal. Student’s at Northwestern’s Medill School of Journalism have put together an informative article and interview regarding this case.
Quite a lot of commotion has been tossed around regarding the opinion of the appellate court. Some people see it as declaration that the landmarks ordinance is unconstitutional, but the truth is that the appellate court seemingly went out of its way in the opinion to say that they were simply stating that the plaintiffs had put enough information in their complaint to state a claim against the city on the grounds that the ordinance is unconstitutional.
The Court agreed that the terms in the ordinance could be construed as vague and that the provision of the act which allows the landmarks commission’s recommendation to become enacted if the city council does not take final action within 365 days of the recommendation.
We will follow up on this case as it progresses, but it does not appear to be the windfall for the plaintiffs that some of the articles are making it out to be.
