Last evening, the Columbia City Council approved seventeen historic buildings for landmark status--action which they believe will help maintain this city's rich heritage. Recent court action elsewhere in Illinois, however, may be setting the stage for a significant challenge to historic preservation.
An Illinois appellate court has struck down the city of Chicago’s landmarks ordinance, saying it is unconstitutionally vague, putting in jeopardy that city’s protection of more than 250 buildings and 50 historic districts. The ordinance, which was enacted in 1968, prohibits any demolition or alteration of properties that are designated landmarks by the Commission on Chicago Landmarks, an eight-member body appointed by the mayor.
The commission, whose decisions can be overturned by the Chicago City Council, makes landmark designations based on seven standards that the court found violated the Illinois Constitution because they were too vague. The three-judge panel found terms such as "value," "important," "significant," and "unique" to be "vague, ambiguous, and overly broad," according to the ruling.
While the ruling technically involves only two of the city’s landmark districts, the decision could be applied to all of the city’s landmark areas, leaving them vulnerable to legal challenge and, by extension, open the door to challenges to similar ordinances in other jurisdictions.
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