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Shipp v. County of Kankakee

Case Date: 12/16/2003
Court: 3rd District Appellate
Docket No: 3-02-0642 Rel

No. 3-02-0642

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2003

DONALD SHIPP, CHERYL SHIPP,
THEODORE RIETVELD, JOAN
RIETVELD, PARK CITY MOBILE
HOMES, INC.,

          Plaintiffs-Appellees,

                    v.

COUNTY OF KANKAKEE, an
Illinois Municipal
Corporation, and VILLAGE OF
BOURBONNAIS, an Illinois
Municipal Corporation,

          Defendants-Appellants.

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)		 Appeal from the Circuit Court
of the 21st Judicial Circuit
Kankakee County, Illinois.





No. 98-MR-143





Honorable Fred S. Carr, Jr.,
Judge, Presiding

JUSTICE LYTTON delivered the opinion of the court:


Plaintiffs filed an application for a special use permit andvariance with the County of Kankakee, in order to develop amanufactured home park. The county denied the permit, causingplaintiffs to file a complaint for declaratory judgment, claimingthat the county unconstitutionally denied their special use permitapplication and that the village improperly denied them sewerservice. The circuit court ordered the county to grant the permitapplication. We reverse.

Plaintiffs are the owners and contract purchasers of a 158acre parcel of land in Kankakee County. Plaintiffs intended todevelop the land into a manufactured home park containing nearly700 residential sites. A manufactured home park is permitted as aspecial use in Kankakee County. Under the county zoning code, aparty must file an application for a special use permit for anyproposed manufactured home park construction.

The zoning code provides that applicants must include thefollowing information in the permit application:

a. Name and address of applicant.

b. Location and legal description of the proposedmanufactured home park.

c. Plans and specifications of the proposedmanufactured home park development including butnot limited to the following:

1. Map including area and dimensions of tract ofland;

2. Number, location and size of home sites;

3. Location and width of public and privatestreets, roadways, and walks;

4. Location of all water, storm sewer and sanitarysewer lines, water supply, and refuse and sewagedisposal facilities;

5. All buildings existing or to be constructedwithin the park;

6. Location of internal lighting and electricalsystems. Kankakee County Zoning Ordinance