Justia Zoning, Planning & Land Use Opinion Summaries

Plaintiff Melvin Mertz appealed a district court order affirming the decision by the City of Elgin ("Elgin") that denied his application for a permit to build a fence on the edge of his property. Plaintiff argued Elgin's interpretation of its ordinances was arbitrary and unreasonable. Elgin's city attorney opined the fence violated city ordinances that prohibited a structure from being built within seven feet of the lot line along a side yard. Elgin's city council denied Plaintiff's application based upon the city attorney's opinion. The district court affirmed the denial by Elgin's city council, stating the interpretation and application of the ordinances was reasonable. Upon review, Supreme Court found that Elgin's interpretation of the ordinances was reasonable, and the city council's denial of Plaintiff's permit application was not arbitrary, capricious, or unreasonable. The Supreme Court affirmed the district court order that affirmed the decision by the Elgin city council.