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Speck v. Zoning Board of Appeals

Supreme Court of Illinois
Mar 16, 1982
89 Ill. 2d 482 (Ill. 1982)

Summary

In Speck, our supreme court explicitly held that an administrative body that functions in an adjudicatory or quasijudical capacity does not have standing to appeal a trial court's reversal of its decision on administrative review.

Summary of this case from Lorenz v. Vill. of Wayne

Opinion

No. 54811. Appellate court reversed; circuit court affirmed.

Opinion filed March 16, 1982.

Appeal from the Appellate Court for the First District; heard in that court on appeal from the Circuit Court of Cook County, the Hon. Richard L. Curry, Judge, presiding.

Lord, Bissell Brook, of Chicago (Robert A. Knuti and Daniel I. Schlessinger, of counsel), for appellants.

Stanley Garber, Corporation Counsel, of Chicago (Robert R. Retke and Philip L. Bronstein, Assistant Corporation Counsel, of counsel), for appellees.


Amalgamated Trust and Savings Bank, as trustee, Daniel L. Houlihan, and Edward Ochylski, Jr. (applicants), applied for a special use permit under the Chicago zoning ordinance. The permit, if issued, would allow applicants to locate and erect an addition to an existing building to be used primarily as a meat-packing plant and slaughter-house. The application was not approved by the zoning administrator, and a review was sought by the applicants before the zoning board of appeals (Board). Certain individuals (objectors) appeared in these proceedings and objected to the proposed use. Upon conclusion of the proceedings, the Board determined that the requested variation would not adversely affect the public health, safety and welfare, or substantially injure the value of other property in the neighborhood. It therefore approved the issuance of a special use permit, and the objectors filed suit in the circuit court of Cook County for administrative review. The court reversed the Board's decision and ordered that the special use variation be denied.

The Board then filed a notice of appeal to the appellate court. (The applicants, who also submitted appellate briefs, were dismissed from the case by the appellate court for failure to file a notice of appeal. By not seeking further review from the order of dismissal, it became binding and, as a consequence, the applicants are not parties to this appeal.) The appellate court, after determining that the Board had standing to challenge a reversal of its decision, concluded that the proofs failed to establish that the slaughter-house operation would conform to the applicable regulations. It further held that the Board failed to set forth the factual findings required for the approval of a special use variation. Finding the trial court's order of reversal proper, it nevertheless vacated the order and remanded the cause to the Board for further proceedings. ( 93 Ill. App.3d 460.) We granted the objectors leave to appeal.

Two questions are raised on appeal: (1) Does the Board have standing to appeal a reversal of its own decision? (2) Did the appellate court err in remanding the cause for further proceedings? In view of our disposition of this case, it is necessary to address only the first issue.

The powers and responsibilities of the Board are set forth in the Chicago zoning ordinance (ordinance) (Chicago Municipal Code 1977, ch. 194A). Of particular relevance is section 11.3-2 of the ordinance, which provides:

"11.3-2 Jurisdiction. The Board of Appeals is hereby vested with the following jurisdiction and authority:

(1) To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this comprehensive amendment;

(2) To hear and pass upon applications for variations and variations in the nature of special uses from the terms provided in this comprehensive amendment in the manner and subject to the standards set out herein; and

(3) To hear and decide all matters referred to it or upon which it is required to pass under this comprehensive amendment."

This section clearly indicates, and the Board concedes, that it is intended to function in an adjudicatory or quasi-judicial capacity. Primarily, the Board is empowered to conduct hearings, render decisions regarding applications for variations, and decide appeals from orders of the zoning administrator. It is noteworthy that nowhere in the ordinance is the Board authorized, expressly or implicitly, to assume the role of advocate for the purpose of prosecuting an appeal. "An administrative agency * * * has no greater powers than those conferred upon it by the legislative enactment creating it." Village of Lombard v. Pollution Control Board (1977), 66 Ill.2d 503, 506.

Contrary to the Board's contention, the fact that it must be joined as a nominal party defendant in administrative review actions (Ill. Rev. Stat. 1977, ch. 110, par. 271) does not imply that it thereby has standing to prosecute appeals. In 222 East Chestnut Street Corp. v. Board of Appeals (1956), 10 Ill.2d 130, 135, cert. denied (1957), 353 U.S. 984, 1 L.Ed.2d 1143, 77 S.Ct. 1284, this court stated, quoting from Winston v. Zoning Board of Appeals (1950), 407 Ill. 588, 595, "that the right to review a final administrative decision is limited to those parties of record in the proceeding before the administrative agency `whose rights, privileges, or duties are affected by the decision * * *.'" (Accord, Lake County Contractors Association v. Pollution Control Board (1973), 54 Ill.2d 16, 21.) Clearly, the Board was not a party before an administrative agency. Nor does it contend that it was personally aggrieved by the reversal of its decision. Rather, the Board asserts that its responsibility to protect the public interest authorizes it to prosecute appeals.

There is no question that the Board is entrusted with the duty of protecting the public health, safety and welfare. However, the Board's obligation to the public is fully discharged when it conducts a hearing and, with due consideration to the public interest, determines the propriety of granting or denying a variation. ( Inhabitants of the Town of Boothbay Harbor v. Russell (Me. 1980), 410 A.2d 554, 560.) Its responsibility to protect the public interest does not authorize the Board to act as a representative of the public for the purpose of vindicating its own decision on appeal. It is apparent that, in assuming the role of advocate, the Board's required duty of impartiality is compromised.

Accordingly, we agree with the majority of jurisdictions that hold that a board like the one here lacks standing to prosecute an appeal from a reversal of its own decision. E.g., Inhabitants of the Town of Boothbay Harbor v. Russell (Me. 1980), 410 A.2d 554; Howard County v. Mangione (1980), 47 Md. App. 350, 423 A.2d 263; Hassell v. Zoning Board of Review (1971), 108 R.I. 349, 275 A.2d 646; A. Di Cillo Sons, Inc. v. Chester Zoning Board of Appeals (1952), 158 Ohio St. 302, 109 N.E.2d 8.

For the above-stated reasons, the judgment of the appellate court vacating the judgment of the circuit court of Cook County and remanding this cause to the Board is reversed, and the order of the circuit court of Cook County is affirmed.

Appellate court reversed; circuit court affirmed.


Summaries of

Speck v. Zoning Board of Appeals

Supreme Court of Illinois
Mar 16, 1982
89 Ill. 2d 482 (Ill. 1982)

In Speck, our supreme court explicitly held that an administrative body that functions in an adjudicatory or quasijudical capacity does not have standing to appeal a trial court's reversal of its decision on administrative review.

Summary of this case from Lorenz v. Vill. of Wayne

In Speck, our supreme court addressed an appeal taken by the Chicago zoning board of appeals (zoning board) after the circuit court reversed the zoning board's decision to approve a permit.

Summary of this case from Williams v. Dep't of Emp't Sec.

In Speck, the zoning board similarly argued that it had a responsibility to protect the public interest, and that this responsibility authorized it to prosecute an appeal.

Summary of this case from Shaw v. Dep't of Emp't Sec.

In Speck v. Zoning Board of Appeals, 89 Ill.2d 482, 486-487 (1982), our supreme court held that a zoning board of appeals lacked standing to prosecute an appeal from a reversal of the zoning board's decision.

Summary of this case from Kozenczak v. Du Page County Officers Electoral Board

In Speck v. Zoning Board of Appeals (1982), 89 Ill.2d 482, 433 N.E.2d 685, our supreme court determined that a zoning board of appeals did not have standing to pursue an appeal from a circuit court judgment which reversed a decision of the board.

Summary of this case from Greer v. Ill. Liquor Control Comm'n

In Speck, the supreme court ruled that a zoning board of appeals was not authorized to appeal the reversal of its decision by a circuit court because the board's duty was to conduct hearings and render decisions; thus, from this adjudicatory or quasi-judicial capacity, the board was not a proper party to bring appeal from a reversal of its decision.

Summary of this case from Wallman v. Zoning Board of Appeals

In Speck, the circuit court reversed the zoning board's order granting the applicants' application for a special use permit, and the zoning board appealed.

Summary of this case from Furlong v. City of Chicago

In Speck, the Illinois Supreme Court held that a zoning board of appeals was not a "party" authorized to appeal the reversal of its decision by the circuit court because its duties as the board of appeals under the Chicago zoning ordinance empowered it to conduct hearings and to render decisions, thus giving it an adjudicatory or quasi-judicial capacity.

Summary of this case from Hadley v. Board of Trustees
Case details for

Speck v. Zoning Board of Appeals

Case Details

Full title:CHARLES SPECK et al., Appellants, v. ZONING BOARD OF APPEALS OF THE CITY…

Court:Supreme Court of Illinois

Date published: Mar 16, 1982

Citations

89 Ill. 2d 482 (Ill. 1982)
433 N.E.2d 685

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