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CHICAGO HEIGHTS v. LIVING WORD OUTREACH

No. 87101.

749 N.E.2d 916 (2001)

196 Ill.2d 1

255 Ill.Dec. 434

The CITY OF CHICAGO HEIGHTS, Appellee, v. LIVING WORD OUTREACH FULL GOSPEL CHURCH AND MINISTRIES, INC., Appellant.

Supreme Court of Illinois.

Rehearing Denied June 4, 2001.

Attorney(s) appearing for the Case

John W. Mauck, of Mauck & Baker, and Paul B. O'Flaherty, Jr., and Christine M. Reidy, Chicago, for appellant.

Raymond A. Hauser, John M. Izzo and Todd K. Hayden, of Scariano, Ellch, Himes, Sraga & Petrarca, Chicago Heights, for appellee.

James E. Ryan, Attorney General, Springfield (Joel D. Bertocchi, Solicitor General, and George J. Sotos, Deborah L. Ahlstrand and Mary E. Welsh, Assistant Attorneys General, Chicago, of counsel), intervenor-appellee.

Harlan A. Loeb, Chicago, for amicus curiae Anti-Defamation League.

Michael W. McConnell, Gary S. Feinerman and Steffen N. Johnson, of Mayer, Brown & Piatt, Chicago, for amici curiae American Jewish Committee et al.

J. Thomas Witek, of Bellas & Wachowski, Park Ridge, for amicus curiae Civil Liberties for Urban Believers.

David L. Bea, of Michael P. Mosher & Associates, Chicago, for amicus curiae Vineyard Christian Fellowship of Evanston.

Justice McMORROW delivered the opinion of the court:

At issue in this zoning case is whether the City of Chicago Height's denial of a special use permit to Living Word Outreach Full Gospel Church and Ministries, Inc. (Living Word), was unlawful.

BACKGROUND

The property at issue in this appeal is located at 400 West Lincoln Highway and consists of a one-story, 4,000-square-foot brick building and an adjoining parking lot. The property is on the south...

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