Schillerstrom Homes, Inc. v. City of Naperville

The plaintiff, Schillerstrom Homes, Inc., a suburban real estate development company, filed a complaint against the defendant, the City of Naperville, alleging that the City willfully failed to approve the plaintiff’s final subdivision plat within a 60-day period as required by section 11—12—8 of the Illinois Municipal Code. See 65 ILCS 5/11—12—8 (West 1998). The plaintiff sought summary judgment and damages as provided by section 11—12—8, as well as a writ of mandamus, directing the City to approve and record the plat. The City filed a motion to dismiss the plaintiff’s complaint. The Du Page…