Lamar Whiteco Outdoor Corp. v. City of West Chicago
Case Date: 02/08/2005
Court: 2nd District Appellate
Docket No: 2-03-1392, 2-04-0575
Cons. Rel
JUSTICE BYRNE delivered the opinion of the court: These consolidated appeals each involve a challenge to a City of West Chicago (City) zoningordinance that was amended on October 19, 1992, to ban certain commercial and noncommercial off-premises advertising structures, including all billboards. The amended ordinance provided for aseven-year "amortization" period, or grace period, for removing existing nonconforming structuresor making them compliant with the ordinance. The ordinance did not provide for the compensationof an individual who lost the right to display a sign. Plaintiffs allege that they lawfully erected billboards before the City amended the ordinanceto ban the structures. However, plaintiffs did not challenge the amended ordinance until theexpiration of the seven-year amortization period, when the City began enforcing the ban by issuingnontraffic citations (hereinafter, tickets). Generally, plaintiffs alleged violations under section 1983of the Civil Rights Act of 1991 (42 U.S.C. |