2015 IL 118332

IN THE

SUPREME COURT

OF

THE STATE OF ILLINOIS

(Docket Nos. 118332, 118369 cons.) 

JEFF GURBA et al., Appellees, v. COMMUNITY HIGH SCHOOL DISTRICT

NO. 155 et al., Appellants. 

Opinion filed September 24, 2015.

JUSTICE BURKE delivered the judgment of the court, with opinion. 

Chief Justice Garman and Justices Freeman, Thomas, Kilbride, Karmeier, and 

Theis concurred in the judgment and opinion. 

OPINION

¶ 1 The question presented in this consolidated appeal is whether municipal zoning 

ordinances govern a school district’s construction of football stadium bleachers on 

school property. The appellate court below affirmed the judgment of the circuit 

court holding that a school district is subject to, and its school board must comply 

with, local governmental zoning and storm water restrictions. 2014 IL App (2d) 

140098. For the reasons that follow, we affirm the appellate court’s judgment. 
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¶ 2 BACKGROUND

¶ 3 Crystal Lake South High School (Crystal Lake South) is located in the city of 

Crystal Lake, Illinois (City), a municipal corporation with home rule authority 

situated in McHenry County. The area surrounding the school is zoned “R-2 

residential single family,” and the school constitutes a legal, nonconforming use. 

The Crystal Lake South campus is owned by Community High School District No. 

155 (District) and operated by the Board of Education of Community High School 

District No. 155 (Board). 

¶ 4 In 2013, the Board decided to replace the bleachers at the Crystal Lake South 

football stadium after a failed structural inspection. The Board’s plan involved 

switching the locations of the home and visiting bleachers so that the new home 

bleachers would now be adjacent to residential property next to the school. The 

new home bleachers would be larger, higher, and closer to the property line than the 

existing bleachers abutting the residences. The Board applied for a permit for the 

project from Leslie Schermerhorn, the McHenry County Regional Superintendent 

of Schools. Schermerhorn approved the plans and issued a building permit pursuant 

to section 3-14.20 of the School Code (105 ILCS 5/3-14.20 (West 2012)). The 

District began work on the project without notifying the city of Crystal Lake or 

seeking a building permit, zoning approval, or storm water management approval 

from the City. 

¶ 5 Upon learning of the project, the City informed the Board that it was required to 

comply with the provisions of the Crystal Lake Unified Development Ordinance, 

which regulates zoning and land use, as well as the City’s storm water management 

ordinance. The City ordered the Board to stop construction on the project until it 

had obtained a special-use permit, a storm water permit, and zoning variances. The 

Board disregarded the order and proceeded with construction of the new bleachers. 

The Board took the position that a school district’s construction on property used 

for school purposes is not subject to the zoning authority of the local municipality. 

¶ 6 At the same time, three plaintiffs who own residential properties adjacent to the 

school filed suit against the Board and the District, seeking to privately enforce the 

City’s zoning restrictions pursuant to section 11-13-15 of the Illinois Municipal 

Code (65 ILCS 5/11-13-15 (West 2012)). Plaintiffs alleged that the new, larger, 

bleachers did not comply with local zoning regulations and negatively affected the 
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value of their properties.1 The Board subsequently filed a third-party complaint for 

declaratory judgment against the city of Crystal Lake and Schermerhorn asking the 

circuit court to decide whether the City has authority over the District to enforce its 

zoning and storm water ordinances. 

¶ 7 The parties to the third-party complaint filed cross-motions for summary 

judgment. The circuit court of McHenry County awarded summary judgment in 

favor of the City. The appellate court affirmed the circuit court’s order. 2014 IL 

App (2d) 140098.2 The Board and Schermerhorn filed petitions for leave to appeal 

in this court pursuant to Illinois Supreme Court Rule 315(a) (Ill. S. Ct. R. 315(a) 

(eff. July 1, 2013)). We allowed the petitions and consolidated the two appeals. 

¶ 8 We allowed the Illinois Association of School Boards, the Illinois Association 

of School Administrators, and the Illinois Association of School Business Officials 

to file a brief as amici curiae in support of appellants, and we allowed the Illinois 

Municipal League and Professor Laurie Reynolds to file separate amicus curiae 

briefs in support of the City. Ill. S. Ct. R. 345(a) (eff. Sept. 20, 2010). 

¶ 9 ANALYSIS

¶ 10 Under section 2-1005(c) of the Code of Civil Procedure, summary judgment 

may be granted only where the pleadings, depositions, admissions, and affidavits 

on file, when viewed in the light most favorable to the nonmoving party, show that 

there is no genuine issue as to any material fact and that the moving party is clearly 

entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2012). When 

parties file cross-motions for summary judgment, they mutually concede that there 

are no genuine issues of material fact and that only a question of law is involved. 

Pielet v. Pielet, 2012 IL 112064, ¶ 28. Our review of an order granting summary 

judgment is de novo. Schultz v. Illinois Farmers Insurance Co., 237 Ill. 2d 391, 

399-400 (2010). The issues in this case involve statutory analysis and 

interpretation, presenting questions of law which are subject to de novo review. 

People v. Elliott, 2014 IL 115308, ¶ 11. In construing a statute, our primary goal is 

 1

Appended to this opinion are copies of photographs from the record depicting the view from 

plaintiffs’ back yards before and after the construction of the new bleachers. 2

The underlying enforcement action filed by the private property owners remains pending in the 

circuit court.
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to ascertain and effectuate the legislature’s intent. Id. The best indicator of that 

intent is the statutory language itself, which must be given its plain and ordinary 

meaning. Id. 

¶ 11 At issue is whether a school district is subject to local zoning and land use 

regulations in the course of exercising its statutory powers to construct new 

facilities on school property. Zoning is primarily a legislative function, and it is 

within the province of local governmental bodies to determine the use of land and 

to establish zoning classifications. La Grange State Bank v. County of Cook, 75 Ill. 

2d 301, 307 (1979). In the absence of express statutory exclusions, municipalities 

are empowered by the Illinois Municipal Code to regulate all land uses within their 

territory. See 65 ILCS 5/11-13-1 et seq. (West 2012); Village of Chatham, Illinois 

v. County of Sangamon, Illinois, 216 Ill. 2d 402, 430-31 (2005); People of the 

Village of Cahokia v. Wright, 57 Ill. 2d 166, 168 (1974). 

¶ 12 The General Assembly has chosen to exempt certain entities from municipal 

zoning regulations under the Municipal Code. For instance, section 11-13-1(12) of 

the Municipal Code prohibits a home rule or non-home rule municipality from 

banning the display of outdoor political campaign signs on residential property. 65 

ILCS 5/11-13-1(12) (West 2012). Another section of the Municipal Code restricts 

municipalities’ zoning powers with respect to antennas or antenna support 

structures that are used for amateur radio communications. 65 ILCS 5/11-13-1.5 

(West 2012). However, there is no statutory provision restricting the authority of a 

municipality to regulate zoning or storm water management on school property. 

Thus, under the plain terms of the Municipal Code, school property is subject to 

municipal zoning laws. 

¶ 13 Moreover, as a home rule municipality, the City has broad powers to perform 

any function pertaining to its government and affairs, including, but not limited to, 

the power to regulate for the protection of the health, safety, morals, and welfare of 

the public. Ill. Const. 1970, art. VII, § 6(a); Schillerstrom Homes, Inc. v. City of 

Naperville, 198 Ill. 2d 281, 287 (2001). Included within the realm of home rule 

powers are municipal development regulations such as zoning ordinances, which 

“undoubtedly pertain to local affairs.” Schillerstrom Homes, 198 Ill. 2d at 290. See 

also LeCompte v. Zoning Board of Appeals, 2011 IL App (1st) 100423, ¶ 19. The 

General Assembly may choose to restrict a home rule unit’s powers by 

“provid[ing] specifically by law for the exclusive exercise by the State of any 

power or function of a home rule unit.” Ill. Const. 1970, art. VII, § 6(h). If there is 
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no express preemption by the General Assembly, a home rule unit may “exercise 

and perform concurrently with the State any power or function of a home rule unit 

to the extent that the General Assembly by law does not specifically limit the 

concurrent exercise or specifically declare the State’s exercise to be exclusive.” Ill. 

Const. 1970, art. VII, § 6(i). See Schillerstrom Homes, 198 Ill. 2d at 287. The 

General Assembly has not enacted any statute expressly preempting or limiting a 

home rule unit’s zoning powers over public school property. We conclude, 

therefore, that it is within the City’s home rule authority to impose its zoning 

ordinances on the District and the Board. 

¶ 14 Despite the lack of any statutory provision expressly exempting school property 

from municipal or home rule zoning authority, the Board nevertheless argues that 

the City’s zoning powers do not extend to property owned by a school district. The 

Board contends that the City’s zoning and storm water ordinances unduly interfere 

with the General Assembly’s constitutional authority to regulate the public 

education system. We disagree. Article X, section 1, of the Illinois Constitution 

requires the State to “provide for an efficient system of high quality public 

educational institutions and services” in order to fulfill the fundamental goal of “the 

educational development of all persons to the limits of their capacities.” Ill. Const. 

1970, art. X, § 1. In service of this goal, the General Assembly has “plenary power 

over the Illinois school system.” Board of Education of School District No. 150 v. 

City of Peoria, 76 Ill. 2d 469, 476 (1979). The General Assembly has exercised its 

plenary power by enacting a comprehensive statutory scheme for the creation, 

management, and operation of Illinois schools, including various provisions setting 

forth the powers, duties, and obligations of school boards. Id. 

¶ 15 There is no support for the Board’s contention that the application of local 

zoning laws to school district property unduly interferes with the General 

Assembly’s plenary power over public education. To the contrary, section 

10-22.13a of the School Code evinces the General Assembly’s intent that school 

districts are subject to local zoning laws. This section authorizes a school board 

“[t]o seek zoning changes, variations, or special uses for property held or controlled 

by the school district.” 105 ILCS 5/10-22.13a (West 2012). It would be 

unnecessary for the General Assembly to authorize a school district to seek zoning 

changes if it did not intend for school property to be subject to local zoning 

ordinances in the first place. See 2011 Ill. Att’y Gen. Op. 11-005, at 3. The Board 

argues that section 10-22.13a is permissive, not mandatory, because it references a 

“power” of a school board rather than a “duty.” Thus, the Board would find that 
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section 10-22.13a empowers a school district to request zoning changes, variances, 

or special use permits from the local government if it so desires but does not require 

it to do so. We reject this interpretation as an unreasonable reading of the statute. 

The more natural reading is that section 10-22.13a confers upon a school board the 

specific power to request zoning changes or variances because it falls within the 

jurisdiction of the local zoning regulations. 

¶ 16 The Board offers another interpretation of the zoning change provision in 

section 10-22.13a, suggesting that it applies only to property owned by a school 

district which is not used for “school purposes.” The Board’s reading is not 

supported by the plain statutory language. It is well settled that a court may not 

depart from the plain language of a statute by reading into it exceptions, limitations, 

or conditions that the legislature did not express. Gillespie Community Unit School 

District No. 7 v. Wight & Co., 2014 IL 115330, ¶ 36. There is no indication that the 

General Assembly intended for section 10-22.13a to apply only to property not 

used for “school purposes.” 

¶ 17 Further support for our conclusion that the City’s zoning ordinances do not 

unduly interfere with the educational goals of the General Assembly is found in 

Wilmette Park District v. Village of Wilmette, 112 Ill. 2d 6 (1986). In that case, the 

park district filed a complaint against the village claiming it was exempt from the 

village’s zoning ordinance and, therefore, did not have to apply for a special-use 

permit to install new lights on its property. This court disagreed, holding that: 

“[n]either the Illinois Municipal Code nor the Park District Code provides 

park districts with immunity from the zoning ordinances of their host 

municipality. *** 

 *** Absent an explicit statutory grant of immunity, the mere fact that the 

park district, a local unit of government, has a statutory duty to operate its parks 

cannot be extended to support the inference that it can exercise its authority 

without regard to the zoning ordinances of its host municipality.” Id. at 14-15. 

¶ 18 The park district in Wilmette Park District argued similarly to the Board in this 

case that the village’s zoning laws interfered with the park district’s statutory 

authority over park operations. Id. at 18. This court rejected that argument, holding 

that the village’s interest did not “originate from a desire to ‘manage’ park land or 

projects, but rather from its legitimate interest and authority in planning and 

regulating the use of land within the entire community to minimize abrasive 
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activities and promote use consistent with the community character and 

expectations of its residents.” Id. In the same way, the City’s regulation of 

school-owned property for the benefit of the community as a whole is not 

equivalent to the regulation of public education activities such as school curricula, 

administration and staffing. 

¶ 19 The Board next argues that school construction is not subject to local zoning 

laws because the School Code limits municipalities’ review and inspection of 

school construction plans pursuant to the “Health/Life Safety Code for Public 

Schools” (Health/Life Safety Code). Section 2-3.12 of the School Code (105 ILCS 

5/2-3.12(c) (West 2012)) authorizes the State Board of Education to create the 

Health/Life Safety Code, which is referred to in various statutory provisions as a 

school “building code.” 23 Ill. Adm. Code 180; 105 ILCS 5/2-3.12, 3-14.20, 

3-14.21 (West 2012). The School Code authorizes a municipality to register with 

the regional superintendent of schools if it wishes to receive notice of school 

construction plans or inspect construction sites. 105 ILCS 5/3-14.20, 3-14.21(d) 

(West 2012). The municipality may then object in writing to the plans, referencing 

the specific provisions of the Health/Life Safety Code upon which the objections 

are based. Id.

¶ 20 The Board and Schermerhorn contend that the foregoing provisions delineate 

the only opportunities for a municipality to participate in the construction of public 

school facilities. They argue that the City is estopped from objecting to the bleacher 

construction project or attempting to assert its zoning laws because it never

registered with the regional superintendent to receive notice of school construction 

plans pursuant to section 3-14.20 of the School Code. This argument misconstrues 

the Health/Life Safety Code, whose purposes and goals are distinct from local 

zoning regulations. 

¶ 21 It is clear from the plain language of its relevant provisions that the Health/Life 

Safety Code is a statewide building code which sets forth minimum construction 

standards and building specifications for public school facilities. Neither the 

building code itself nor the statutes referencing the code mention zoning, land-use, 

or storm water management. These issues are local matters ordinarily regulated by 

counties and municipalities. See 65 ILCS 5/11-13-1 et seq. (West 2012) 

(authorizing zoning by municipalities); 55 ILCS 5/5-12001 et seq. (West 2012) 

(authorizing zoning by counties); 70 ILCS 605/1-1 et seq. (West 2012) (Illinois 

Drainage Code). 
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¶ 22 The issues involved in zoning—the size, height, and location of buildings, 

setbacks from property lines, and the due process rights of neighboring property 

owners—are not addressed by a building code. The Health/Life Safety Code is 

concerned with building and construction standards to protect the health, safety, 

and welfare of those who use public school facilities. See 105 ILCS 5/2-3.12(a) 

(West 2012). It does not address the health, safety, and welfare of the community as 

a whole. The City’s decision not to be notified of building code matters did not 

waive or diminish the City’s interest in or authority over zoning and storm water 

management issues on school-owned property. Thus, the Health/Life Safety Code 

does not preempt or limit the City’s authority over zoning and land use issues 

within its jurisdiction. 

¶ 23 As a home rule municipality, the City has the power to regulate land use within 

its jurisdiction through zoning. There is no statute which exempts school district 

property from the exercise of the City’s zoning laws. Accordingly, we hold that the 

bleacher construction project undertaken by the Board and the District is subject to 

the City’s zoning and storm water ordinances. 

¶ 24 CONCLUSION

¶ 25 For the foregoing reasons, we affirm the judgment of the appellate court 

affirming the trial court’s order granting summary judgment in favor of the city of 

Crystal Lake and decreeing that the Board of Education of Community High 

School District No. 155 is subject to the City’s zoning and storm water ordinances.

¶ 26 Affirmed.
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