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Hanna v. City of Chicago

Case Date: 05/14/2002
Court: 1st District Appellate
Docket No: 1-00-2181 Rel

SECOND DIVISION
May 14, 2002



No. 1-00-2181


ALBERT C. HANNA,

                      Plaintiff-Appellant,

          v.

THE CITY OF CHICAGO, a Municipal
Corporation,

                      Defendant-Appellee.

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) 		Appeal from the
Circuit Court of
Cook County.

No. 99 CH 8311


Honorable
Lester D. Foreman,
Judge Presiding.


JUSTICE McBRIDE delivered the opinion of the court:

Plaintiff, Albert C. Hanna (Hanna), filed a four-count firstamended complaint against defendant, the City of Chicago (theCity), seeking a declaratory judgment, and injunctive and otherrelief. The complaint involved the downzoning of Hanna's propertylocated at 1742-50 North Mohawk Street in Chicago, which resultedfrom the city council's enactment of SD-19, Lincoln Central SpecialDistrict (LCSD or Overlay District), an amendment to the City'szoning ordinance. Pursuant to section 2-619.1 of the Illinois Codeof Civil Procedure (Civil Code) (735 ILCS 5/2-619.1 (West 1998)),the City moved for dismissal of Hanna's complaint. The trial courtgranted the City's motion and denied Hanna's motion to reconsider. Hanna appeals those orders, contending: (1) that the trial courterred in applying the rational basis test, rather than substantialrelationship test, when ruling that the LCSD was notunconstitutional; (2) that his complaint properly pleaded the LCSDwas unconstitutional as violative of the due process and equalprotection rights as guaranteed by the Illinois Constitution(Illinois Const. 1970, Art. I,