Tonica Land Use & Zoning Lawyer, Illinois, page 2


Jonathan Brandt

Commercial Real Estate, Federal Appellate Practice, Estate Planning, Transactions
Status:  In Good Standing           Licensed:  37 Years

Richard Charles Fiocchi

Commercial Real Estate, International Other, Guardianships & Conservatorships, Banking & Finance
Status:  In Good Standing           

Richard Fiocchi

Commercial Real Estate, International Other, Guardianships & Conservatorships, Banking & Finance
Status:  In Good Standing           

Victoria Mary Munson

Commercial Real Estate, Federal Appellate Practice, Estate Planning, Transactions
Status:  In Good Standing           Licensed:  20 Years

Victoria Munson

Commercial Real Estate, Federal Appellate Practice, Estate Planning, Transactions
Status:  In Good Standing           Licensed:  20 Years

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LEGAL TERMS

DOMINANT TENEMENT

Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property ... (more...)
Property that carries a right to use a portion of a neighboring property. For example, property that benefits from a beach access trail across another property is the dominant tenement.

USUFRUCT

The right to use property -- or income from property -- that is owned by another.

TENANT

Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be cal... (more...)
Anyone, including a corporation, who rents real property, with or without a house or structure, from the owner (called the landlord). The tenant may also be called the 'lessee.'

VARIANCE

An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in acco... (more...)
An exception to a zoning ordinance, usually granted by a local government. For example, if you own an oddly shaped lot that could not accommodate a home in accordance with your city's setback requirement, you could apply at the appropriate office for a variance allowing you to build closer to a boundary line.

CONTINGENCY

A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a ... (more...)
A provision in a contract stating that some or all of the terms of the contract will be altered or voided by the occurrence of a specific event. For example, a contingency in a contract for the purchase of a house might state that if the buyer does not approve the inspection report of the physical condition of the property, the buyer does not have to complete the purchase.

ILLUSORY PROMISE

A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For ex... (more...)
A promise that pledges nothing, because it is vague or because the promisor can choose whether or not to honor it. Such promises are not legally binding. For example, if you get a new job and promise to work for three years, unless you resign sooner, you haven't made a valid contract and can resign or be fired at any time.

CONSTRUCTIVE EVICTION

When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or ... (more...)
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.

ASSIGNEE

A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the leas... (more...)
A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the lease expires. The assignee takes control of the property and assumes all the legal rights and responsibilities of the tenant, including payment of rent. However, the original tenant remains legally responsible if the assignee fails to pay the rent.

INCIDENTS OF OWNERSHIP

Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to... (more...)
Any control over property. If you give away property but keep an incident of ownership--for example, you give away an apartment building but retain the right to receive rent--then legally, no gift has been made. This distinction can be important if you're making large gifts to reduce your eventual estate tax.

SAMPLE LEGAL CASES

Napleton v. Village of Hinsdale

... Plaintiff, Katherine Napleton, filed a complaint against defendant, the Village of Hinsdale (Hinsdale), requesting that the circuit court of Du Page County declare certain textual amendments made by Hinsdale to its zoning code facially unconstitutional as violative of substantive ...

MILLINEUM MAINTENANCE v. County of Lake

... 476, 881 NE2d 962, quoting Libertyville Zoning Code § 16-9.2 (eff. February 28, 1995). ... [2] The La Salle factors referenced in Living Word Outreach were devised as a means of applying the rational basis test to as-applied constitutional challenges to zoning decisions. ...

Dunlap v. Village of Schaumburg

... Homeowner Deborah Dunlap filed this suit challenging a decision by the Village of Schaumburg (the Village) to issue a zoning variance to neighboring homeowners William and Patricia Wehmeier. ... A. Dunlap's Right of Action Under the Zoning Enabling Act. ...