New Lenox State Bank v. County of Will

After reviewing the opinion in the above-captioned case, I must respectfully dissent. I disagree with the analysis presented regarding the eight factors listed in National Bank v. County of Will (1987), 151 Ill. App. 3d 957, 503 N.E.2d 842.

Initially, I agree that the second factor weighs in favor of the defendants because the plaintiffs did not present evidence showing a diminution in the value of the property due to the zoning restriction.

The fourth factor, however, requires the court to consider the relative gain to the public as opposed to the hardship upon the individual property owner.…