(A) Any person, including the Illinois Department of Transportation, Division of Aeronautics, on behalf of and in the name of the state, aggrieved by any decision of the Board of Appeals, or any governing body of a political subdivision which is of the opinion that a decision of the Board of Appeals is erroneous, after first exhausting the remedies provided by the Board, may present to the Circuit Court of the Ninth Judicial Circuit of the county a verified petition setting forth that the decision is erroneous, in whole or in part, and specifying the grounds of that error. The petition shall be presented to the Court within 30 days after the decision is filed in the office of the Board. Any judicial review sought by the Illinois Department of Transportation, Division of Aeronautics, on behalf of and in the name of the state under this section, shall be without prejudice to action by the Department under § 16 of the Airport Zoning Act ( ILCS Ch. 620, Act 25, § 16).
(B) Anything in this subchapter to the contrary notwithstanding, judicial review proceedings under this subchapter shall be governed by the Administrative Review Law (Ill. Rev. Stat. Ch. 110, pars. 3-101 et seq.).
(C) In any case where these regulations, although generally reasonable, are held by a court to interfere with the use or enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to the structure or parcel of land as to constitute a taking or deprivation of that property in violation of the constitution of the state or the Constitution of the United States, the holding shall not affect the application of the regulations to other structures and parcels of land.
(1990 Code, § 5-126) (Ord. 67-924, passed 9-18-1967)
Statutory reference:
Judicial review, see ILCS Ch. 620, Act 25, § 30a