Ashley Libertyville, LLC v. Village of Libertyville

Defendant, the Village of Libertyville, denied a special use permit to plaintiff, Ashley Libertyville, LLC. Plaintiff sought de novo judicial review of that decision, invoking section 11 — 13—25 of the Illinois Municipal Code (Municipal Code) (65 ILCS 5/11 — 13—25 (West 2006)). The trial court granted that request. The Village filed a motion to reconsider or, in the alternative, to have the matter certified for appeal under Supreme Court Rule 308 (155 Ill. 2d R. 308). The trial court denied the motion to reconsider, but certified the following two questions:

“1. Is a special use that is not…