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Docket No. 93462-Agenda 35-September 2002.

SONYA D. HAWTHORNE, Appellee, v. THE VILLAGE OF
OLYMPIA FIELDS et al., Appellants.

Opinion filed April 17, 2003.

JUSTICE RARICK delivered the opinion of the court:

The issue we are asked to resolve in this case is whether anon-home-rule unit of local government may use its statutoryzoning authority to prevent operation of a home day-care facilitylicensed by the State of Illinois. On cross-motions for partialsummary judgment, the circuit court held that it may not. Theappellate court affirmed. 328 Ill. App. 3d 301. For the reasons thatfollow, we now affirm the judgment of the appellate court.

Under Illinois law, the operation of child-care facilities isregulated by the state. The governing statute is the Child Care Act of 1969 (225 ILCS 10/1 et seq. (West 2000)). Under the Act,"[a]ny person, group of persons or corporation who or whichreceives children or arranges for care or placement of one or morechildren unrelated to the operator" must apply for and obtain alicense from the Department of Children and Family Services(DCFS). 225 ILCS 10/4(a) (West 2000). Unless certainexemptions apply, operation of a child-care facility without therequisite state license is prohibited. 225 ILCS 10/3(a) (West 2000).Violators are subject to criminal prosecution. 225 ILCS 10/11, 18(West 2000).

One type of child-care facility for which licensure isauthorized by the Child Care Act is a "day care home." A day-carehome is a family home that receives "more than 3 up to amaximum of 12 children for less than 24 hours per day." 225 ILCS10/2.18 (West 2000). The specified number of children includesthe family's own natural or adopted children and all other personsunder the age of 12. 225 ILCS 10/2.18 (West 2000).

In 1999, plaintiff, Sonia Hawthorne, and her husband,Marcus, purchased a single family home at 3509 Ionia Avenue inthe Village of Olympia Fields. The home was located across thestreet from a local school. The Hawthornes bought the property inthe hope that they could provide home day care there. Aftermoving into the residence, plaintiff applied to DCFS for licensureunder the Child Care Act as a day-care home. Her application wasapproved. DCFS issued a license to plaintiff to operate a day-carehome at the Ionia Avenue property beginning October 28, 1999.

Once she moved in and obtained her license from DCFS,plaintiff contacted Olympia Fields to obtain a building permit sothat she could remodel portions of the premises. The purpose ofthe remodeling was to facilitate the operation of the day-carehome. The precise nature of the proposed remodeling is unclearfrom the record, but appears to have included installation of asecond kitchen. By letter dated December 16, 1999, OlympiaFields advised plaintiff and her husband that operation of a day-care home at the Ionia Avenue location did not comply with thevillage's zoning ordinance and that they would have to obtain azoning variance before their application for a building permitcould proceed.

Plaintiff's home on Ionia Avenue is zoned residential.Although Olympia Fields' zoning ordinance permits "homeoccupations" in residential zones (Olympia Fields Municipal Code