Village of Northfield v. BP America, Inc.

The narrow question before this court is whether a local ordinance defining an abandoned gasoline service station as a nuisance is preempted by section 11 — 31—1 of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/11 — 31—1 (West 2008)). For the reasons that follow, we conclude that it is not.

The facts giving rise to this appeal are not in dispute. BP America, Inc. (BP), is the owner of a parcel of real estate commonly known as 1900 Willow Road in Northfield, Illinois. An abandoned gasoline service station is currently situated on BP’s property.

On March 17, 2009, the Village of…