Legal Question in Real Estate Law in Illinois

City Ordinances

The City of Alton Il passed ordinaces that went into effect on Jan 1, 2004. They singled out small automobile repair shops and their parking lots. Limiting 5 cars to be allowed on a lot for every bay door at each garage. They also passed an ordinace that requires a privacy fence for any vehicle showing any damage. They state no inoperative vehicle can be on the lot. Of course that is what these shops work on. They require that no car can be left on a lot for longer than 21 days or the owner has to take time off work to talk to the City and explain why the car is on the lot. I need to know if it is legal in the State of IL to discriminate against a buisness. Other area buisness (incls dealerships new and used)do not have a limit on how much buisness they can do, or how many cars are allowed on their parking lots, or hiding customers damaged vehicles. Can the City legally tow vehicles after 21 days or force you to allow them to tow them? Of course these ordinances were past by our alderman against the peoples protest. What recourse do we have to correct these ordinances and stop the harrasment by the Citys Attorney?

Asked on 5/07/04, 7:41 pm

2 Answers from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: City Ordinances

As you can see from my website, I am both a business litigator and a civil rights attorney, two fields that may be implicated in your dispute with the Village of Alton.

Unfortunately, the type of ordinance of which you speak does not come up very often, unlike, say, a typical breach of contract suit. Therefore, in order to provide you with legal advice as to the legal propriety of Alton's ordinance and, if unlawful, your potential remedy, legal research would be required.

While I generally am recepitive to providing general legal advice in this forum for free, the type of specific research required for your inquiry is beyond the bounds of offering information off the top of one's head.

If you (perhaps jointly with another business or two) would like to retain my firm to conduct such research and render a legal opinion, please feel free to contact me in this regard. I would be happy to help, as I find it to be an interesting legal issue with an unfair result.

-- Kenneth J. Ashman;; [email protected]; 312-596-1700

The information provided by Ashman Law Offices, LLC (“ALO”) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

individually or with some of your small automotive competitors

For this, one reasonably must

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Answered on 5/11/04, 2:45 pm

Michael Perez Law Office of Michael A. Perez

Re: City Ordinances

Sorry I acn't help you on this one.

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Answered on 5/07/04, 11:11 pm

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