SAL Receives Approval by West Suburb for Special Use Permits–Religious Assembly and Joint Parking

Shapiro & Associates • May 07, 2018

Last month, Shapiro & Associates Law successfully procured Special Use Permits for Religious Assembly and Joint Parking Facilities (SUPs) from a Village located in Cook County (the “Village”) for its client, a business owner and church pastor, after previously receiving recommendations to deny the SUPs from Village’s Staff and Planning and Zoning Commission. What made the matter particularly interesting was that the subject property is owned by a church, and the owner of an art gallery and studio located on the subject property is a Pastor with the church. The matter was further complicated by the fact that the subject property was zoned C-3 Centralized Commercial District, the only existing zoning district on the Village’s zoning map which allows for Religious Assembly as a special use. No other Village zoning district on its map allows for Religious Assembly , (as opposed to a place of worship, such as a church or synagogue) a term defined under the Village of Brookfield’s Zoning Code as “Religious services involving public assembly that customarily occur in churches, synagogues, temples, mosques and other facilities used for religious worship.”

Illinois courts have consistently held that the inclusion of a specified use, such as Religious Assembly, as a special use, is equivalent to a legislative finding that the uses are in harmony with the other uses in the district. Further, because the proposed use involves religious assembly, it is therefore subject to, among other federal and state laws, the Religious Land Use and Institutionalized Persons Act (42 U.S.C. 2000cc, et seq. ) (RLUIPA).

After a review of the SUPs being sought, and existing Federal and State law, the Village Board ultimately made the appropriate determination to recommend the SUPs. Regardless of the outcome, this is a great example of how the local government approach to land use and zoning is effective and reached the correct determination. Further, it supports a trend of land use that incorporated multiple uses within a single property.

3 Illinois Bills We're Watching

HB 5777 – Municipal Consolidation

The bill amends the Union of Contiguous Municipalities Division to make it easier for residents of contiguous municipalities to vote to consolidate the municipalities. The original bill’s key proposal allowed consolidation to occur upon a referendum vote of approval by merely any one of the municipalities rather than each of them. An amendment provides that each municipality must pass an approval referendum and adds that if the referendum fails, it cannot be brought again for 22 months.

Status - The bill has been sent to the Senate and assigned to Local Government on May 2, 2018.

HB4711 – Suits Against Municipalities, Counties, and Townships Over Zoning Decision
The bill amends the Illinois Municipal Code, Counties Code, Township Code to add a provision regarding building or structure zoning violations stating that the provisions do not authorize any suit against the municipality, county or township or its officials for any act relating to zoning administration, enforcement, or implementation or any ordinance, resolution, or other zoning regulation. The amendment excludes violations related to property owned by the public entity.

Status – The bill has been sent to the Senate and placed on Calendar Order of 2nd Reading May 3, 2018.

HB 4583 – Online Notice for Special Meetings of Public Bodies
The Bill amends the Open Meetings Act to require notice of special meetings be posted on the website of the public body which is currently required for regular meetings. Under the original bill, a failure to post notice online could have invalidated the meeting and actions taken at the meeting. However, an adopted amendment removed the invalidation provision.

Status - The bill has been sent to the Senate and assigned to Judiciary on May 2, 2018.

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AI and Law: A Few Considerations

By Dan Shapiro • 20 Jun, 2024

Introduction Last summer, an attorney filed a legal brief he had written with the help of the generative AI platform, ChatGPT. The document included citations to a series of legal cases that seemingly offered precedents that supported his client’s position. There was only one problem. As the judge in the case discovered, six of those cases did not exist. Instead, they were dreamed up by the online tool. This was only one of several high-profile incidents in which new technology has sometimes embarrassed the lawyers using it. Yet many legal experts believe generative AI will also change the legal profession in ways that will aid lawyers and their clients. Lawyers must be accountable for how they use AI. Not only must they carefully assess any bias inherent in algorithms before using it, but they must also consider ethical and fairness issues. AI holds tremendous promise to free legal professionals from the most time-consuming tasks, work more efficiently than ever, and empower them to focus on strategic projects that truly matter. Still, there are many ethical considerations of AI to keep in mind. Ethical Issues Depending on your jurisdiction, there may be formal ethical opinions addressing the use of AI. Be sure to confirm the existence of these ethics’ opinions or guidelines and how they apply to the use of AI. Bias And Fairness AI uses trained algorithms to analyze vast amounts of data. These algorithms can collect biased historical information, which means that the AI system may also inadvertently produce biased results, leading to questionable outcomes. Algorithms can be difficult to interpret, and it can be challenging to understand how they arrive at their decisions or source information. Privacy AI systems often rely on sizable amounts of data, including highly sensitive and confidential information, and may store personal and conversation data. When using the technology, lawyers need to ensure that AI systems adhere to strict data privacy regulations. For example, lawyers using ChatGPT must familiarize themselves with its Privacy Policy and Terms of Use before using the service. Additionally, they must make sure that the data is only used for the specific purposes for which it was collected. Lawyers must also consider professional obligations relating to privacy and information-sharing when providing any information with AI systems to ensure they are not running afoul of confidentiality obligations (to clients or other parties) or otherwise disclosing information improperly. Responsibility And Accountability As a rule of thumb, AI should be used as a complement to work, and not a replacement. While AI can streamline time-consuming and mundane tasks, strategic decision-making, complex legal analysis, and legal counsel are all examples of responsibilities that it simply cannot take over. As a result, lawyers must be proactive in establishing clear lines of responsibility and accountability when implementing AI in their firm. Summary As the use of AI in law firms becomes increasingly widespread, it is important that legal professionals address the ethical considerations surrounding it and ensure the technology is being used responsibly. By doing so, lawyers will be able to enjoy AI’s benefits while maintaining an ethical practice at the same time. In the end, AI has its benefits but it should not be relied upon to accurately apply the law to a fact pattern in the context of giving sound legal advice. Accurate legal advice includes understanding the context in which the law exists, experience and human thoughtfulness.