XXXLAW J. D. Obenberger and Associates, Attorneys and Counselors at Law
Adult Use Zoning Cases and Briefs
Palmetto Properties, Inc. and Greg Schirmer v. County of DuPage. , -- F.Supp. --, 99 C 2980, (N.D.Ill., March 29, 2001 ). Memorandum Opinion and Order granting Plaintiffs' motion for summary judgment in part. The trial court determined the DuPage County Zoning Ordinance's adult use provisions to be unconstitutional and enjoined their enforcement on the bases that the Ordinance was overbroad and failed to provide alternative means for adult expression. Downloadable in Acrobat .pdf format.
On April 26, 2001, the Court in this matter modified its March 29 Order in a manner that restricts the holding of invalidity to the separation requirement contained in the subject Ordinance, a provision requiring a 1,000 foot separation between Forest Preserves and adult uses. That Order is available for dowload here.
This matter was briefed and argued by Reed Lee of this office.
Briefs and other materials on Palmetto in .pdf format:
100. Motion for Summary Judgment
101. Stipulation of Authenticity of Documents and Facts
103. Plaintiffs' Memorandum of Law in Support of Motion for Summary Judgement
106. Plaintiffs' Reply to Defendants' Motion for Summary Judgment
204. Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment
208. Supplementary Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment
209. Motion to Cite Updated Authority
210. 2d Supplementary Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment
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