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Village of Barrington Hills v. Life Changers International Church

Case Date: 12/03/2004
Court: 1st District Appellate
Docket No: 1-03-0140 Rel

SIXTH DIVISION
December 3, 2004




No. 1-03-0140

 
THE VILLAGE OF BARRINGTON HILLS, a Municipal
Corporation,

                    Plaintiff-Appellee,

          v.

LIFE CHANGERS INTERNATIONAL CHURCH, f/k/a
Midwest Christian Center,

                    Defendant-Appellant.

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)		 Appeal from the
Circuit Court of
Cook County


No. 01 MC3 1690
No. 00 MC3 1000

Honorable
Brendan J. McCooey,
Judge Presiding.


JUSTICE O'MARA FROSSARD delivered the opinion of the court:

Defendant, Life Changers International Church (Church), was found in violation of two provisions of the Village of Barrington Hills Municipal Code (the Code). Based on thoseviolations, the trial court fined the Church $100,000. The trial court denied the Church's motionto reconsider and this appeal followed. The only issue presented by the instant appeal is whetherthe imposition of a $100,000 fine was an abuse of discretion by the trial court.

BACKGROUND

On September 16, 1999, the engineer and the zoning enforcement officer for the Village ofBarrington Hills (Village) observed large amounts of earth, gravel, and asphalt on the Churchproperty at 180 North Hawthorne Road, Barrington Hills. Additionally, the property reflectedexcavations from several areas as well as substantial areas of plant cover that had been disturbed orremoved. The Village informed the Church by letters beginning on September 20, 1999, that it wasnot in compliance with section 4-3-4 of the Code. Section 4-3-4(A)(1) of the Code provides thata site development permit is required before "land is cleared, graded, transported or otherwisedisturbed," and "excavation, fill, or any combination thereof will exceed 300 (300) cubic yards" orplant cover is to be removed from an area exceeding either 20,000 square feet or 10 acres dependingupon whether the parcel of land is vacant. Village of Barrington Hills Municipal Code