Last September in this Alert, we discussed an opinion in which the Second District Appellate Court ruled that Community High School District 155 was subject to the zoning regulations of the City of Crystal Lake, a home rule municipality, in regard to the construction of bleachers for the high school football field.

This past Wednesday, the Illinois Supreme Court granted School District 155’s petition for leave to appeal. The Court appears poised to determine if municipal zoning regulations apply to school districts. We do not represent School District 155, however, our office has been asked to prepare an amicus curiae or “friend of the court” brief on behalf of the IASB, IASBO and IASA.

While school districts await this opinion, also keep an eye on Senate Bill 36, sponsored by Senator Pamela J. Althoff. This bill, if passed, will mandate school districts to comply with municipal zoning ordinances. The passage of this bill may diminish the impact of the Supreme Court’s decision on this matter on other school districts dealing with municipal zoning matters.