Case study – Real Estate/Construction Litigation

Problem: Our client, a homeowner in Lake Forest, IL, sought and received approval from the Lake Forest Zoning Board of Appeals and the Lake Forest City Council for an addition to their home. The plaintiff, our client’s neighbor, challenged the actions of the Zoning Board and the City Council in the 2nd District Court of Illinois, claiming that the addition interfered with their right to light and air and diminished the value of their property.

Resolution: Partner Craig Pierson won motions challenging the Plaintiff’s petition for writ of certiorari and administrative review. Their cause of action was properly dismissed. The 2nd District Court of Illinois upheld the trial court’s decision to dismiss a claim made against our clients and the City of Lake Forest. The Court agreed that our clients properly requested a variance in order to modify their property. In a legislative act, the Lake Forest City Council granted our client’s wishes and enabled them to proceed with their home addition.