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Lamar Whiteco Outdoor Corp. v. City of West Chicago2/8/2005
These consolidated appeals each involve a challenge to a City of West Chicago (City) zoning ordinance that was amended on October 19, 1992, to ban certain commercial and noncommercial off-premises advertising structures, including all billboards. The amended ordinance provided for a seven-year "amortization" period, or grace period, for removing existing nonconforming structures or making them compliant with the ordinance. The ordinance did not provide for the compensation of an individual who lost the right to display a sign.
Plaintiffs allege that they lawfully erected billboards before the City amended the ordinance to ban the structures. However, plaintiffs did not challenge the amended ordinance until the expiration of the seven-year amortization period, when the City began enforcing the ban by issuing nontraffic citations (hereinafter, tickets). Generally, plaintiffs alleged violations under section 1983 of the Civil Rights Act of 1991 (42 U.S.C. ยง 1983 (2000)) and section 7--101 of the Eminent Domain Act (735 ILCS 5/7--101 (West 2002)). The trial court dismissed portions of plaintiffs' complaints on statute of limitations grounds. Plaintiffs appeal, alleging that their claims did not accrue, and therefore the applicable limitations periods did not begin to run, until the amortization period expired. We conclude that both the section 1983 claims and the eminent domain claims accrued when the City issued the tickets. Because plaintiffs filed their complaints within the applicable limitations periods, we reverse the trial court's dismissal of those claims as untimely.
FACTS
The zoning ordinance scheme as amended on October 19, 1992, provides in relevant part:
"Billboard: Any single-or double-faced street graphic that is permanently fixed or placed on particular premises and that is used for the display of messages or advertising not associated with the establishment located on said premises. A billboard typically has provision for changing the message/advertising thereon.
12.3--1 General Prohibition
Any sign or other street graphic not expressly permitted by this ordinance shall be deemed prohibited in this municipality.
12.4--1 Strictly Prohibited Signs
The following signs are strictly prohibited everywhere in this municipality:
(G) Billboards[.]
12.4--12. Billboards
Billboards (including all off-premises advertising signs) are strictly prohibited.
12.5 ADMINISTRATION AND ENFORCEMENT
12.5--1 Enforcement Officer, Duties
The Zoning Administrator, referred to herein as the Administrator, is hereby authorized and directed to administer and enforce the provisions of this ordinance. This broad responsibility encompasses, but is not limited to, the following specific duties:
(A) to review and pass upon applications for street graphic permits;
(B) to inspect existing and newly constructed street graphics to determine compliance with this ordinance; and where there are violations, to initiate appropriate corrective action;
(C) to review and forward to the Zoning Board of Appeals all applications for special street graphic permits, variances and appeals;
(D) to maintain up-to-date records of said applications and of any official actions taken pursuant thereto;
(E) to periodically review the provisions of this ordinance to determine whether revisions are needed, and to make recommendations on these matters to the Plan Commission[.]
12.5--2 Sign Permits
Upon the effective date of this ordinance, no * billboard * shall
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