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Monday, August 19, 2019

Land owner sues City of Mascoutah for allegedly denying development plans

By Noddy A. Fernandez | May 8, 2017

BELLEVILLE — A land owner in Mascoutah is suing the city for allegedly wrongfully denying its development plans. 

Plaza 23, LLC filed a complaint on April 11 in the St. Clair County Circuit Court against the City of Mascoutah and City of Mascoutah Board of Zoning Appeals, alleging they failed to follow terms under the Unified Land Development Code.

According to the complaint, the plaintiff alleges that in 2014, Plaza 23 repeatedly submitted concept site plans for its tract of land for a mix-use development to the defendant's planning commission. Plaza 23 was allegedly denied its proposal because of the defendant's Unified Land Development Code. 

However, the plaintiff claims the dismissal of the site plan contradicts the code that states that residential uses are considered appropriate uses in commercial zones. 

The plaintiff alleges the defendants failed to follow the city's Unified Land Development Code by stating requirements that are not part of the code and failed to give the plaintiff its right to permitted use.

The plaintiff requests a trial by jury and seeks to reverse the decision of the board, award of costs of suit, attorneys' fees, and such other and further relief as the court deems just and proper. 

Plaza 23 is represented by Charles J. Baricevic of Belleville.

St. Clair County Circuit Court case number 17-L-189

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