FIFTH DIVISION
March 6, 2009
No. 1-07-3548
ALBERT C. HANNA and CAROL C. MROWKA, ) Appeal from the
) Circuit Court of
) Cook County.
Plaintiffs-Appellants, )
v. ) No. 06 CH 19422
)
THE CITY OF CHICAGO; THE COMMISSION ON ) Honorable
CHICAGO LANDMARKS; DAVID MOSENA, ) Sophia H. Hall,
Chairman, Commission on Chicago Landmarks; ) Judge Presiding.
JOHN W. BAIRD, Commissioner; LORI T. HEALEY, )
Commissioner, Department of Planning and Development )
and Commission on Chicago Landmarks; LISA T. WILLIS, )
Commissioner; PHYLLIS ELLIN, Commissioner; THE )
CITY OF CHICAGO DEPARTMENT OF PLANNING )
AND DEVELOPMENT; and BRIAN GOEKEN, Deputy )
Commissioner, Landmarks Division, )
)
Defendants-Appellees. )
PRESIDING JUSTICE FITZGERALD SMITH delivered the opinion of the court:
Plaintiffs Albert C. Hanna (Hanna) and Carol C. Mrowka (Mrowka) (collectively,
plaintiffs), filed a 20-count complaint against the City of Chicago, the Commission on Chicago
Landmarks, and several city officials (collectively, the City), alleging that the Chicago
Landmarks Ordinance (the Ordinance) (Chicago Municipal Code §§ 2-120-920) was invalid on
its face, and as it applied to plaintiffs’ respective properties. The City moved to dismiss counts I,
II, III, and V through XX, pursuant to section 2-615 of the Code of Civil Procedure (735 ILCS
5/2-615 (West 2006)), alleging that plaintiffs failed to state a cause of action. The trial court
granted the City’s section 2-615 motion to dismiss pursuant to counts V through XX, and counts
I, II, and III. Plaintiffs now appeal.
I. BACKGROUND
