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De Omnibus Dubitandum - Lux Veritas

Saturday, June 6, 2015

Judge turns sarcastic – rips Chicago's attack on ministry

Bob Unruh About | Email | Archive

A federal appeals court judge has turned sarcastic to blast the city of Chicago’s zoning “incompetencies” – or perhaps corruption – in a case over the use of a former YMCA building on the South Side.  The 7th U.S. Circuit Court of Appeals sent the case back to the trial court for a determination of what damages may be due to the World Outreach Conference Center.

The case began a decade ago when the ministry, under Pamela Blossom, took over the former YMCA building, which included conference rooms, a swimming pool and several upper stories that held 168 rooms to rent out to individuals.

The city demanded that the church obtain a special-use permit before it could get a license to rent out the rooms, even though that had not been required of the previous owner. The city’s demand violated a city ordinance stipulating use permissions not be changed by the ownership of a facility.

“A change in ownership as such has no effect on a building’s status as a legal nonconforming use,” wrote Judge Richard Posner of the 7th Circuit. “And the city’s zoning department had no reason to think that the change of ownership in this case would significantly change the use to which the building was put…..…“The 7th Circuit’s opinion will allow a jury to see how a city that claims to care for victims of gang violence and the homeless actually operates when these goals conflict with the corrupt practices of aldermen.”.......To Read More....

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