Hartz Const. Co., Inc. v. Village of Western Springs

How much statutory authority does a non-home-rule village have when it contracts with a developer to recapture from a third party the costs of improvements which benefit that third party? To answer that question we examine the applicable statute to determine what it says and what it does not say about recapture agreements.

Plaintiff Hartz Construction Co., Inc., 1 filed a suit for injunctive relief against defendants Village of Western Springs (the Village), Currie Rhoads, Commonwealth Properties Co., LLC, and Rhoads Development Co., seeking a declaratory judgment that a 2002 recapture…