Conditional Zoning in Illinois: Beast or Beauty?
Siemon, Charles L.
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Although courts have traditionally been skeptical of conditional zoning, the fundamental and well taken grounds for such skepticism have been eclipsed by the emergence of planning. Conditions which are imposed pursuant to a comprehensive plat and are directed at achieving the goals of the plan are likely to be upheld, particularly if they are designed to benefit the surrounding properties and to advance the public welfare. A bilateral agreement which expressly or impliedly commits a zoning authority to a legally binding promise is likely to be invalid. This article examines Goffinet v. Christian County, the leading Illinois case on both conditional zoning and the importance of a comprehensive plan as a predicate for zoning.