Waterfront Estates Development, Inc. v. City of Palos Hills

In Waterfront Estates Development, Inc. v. City of Palos Hills, 232 Ill. App. 3d 367, 377, 597 N.E.2d 641, 173 Ill. Dec. 667 (1992), the court found that the appearance commission's recommendation was declaratory. Waterfront Estates, 232 Ill. App. 3d at 376-77. The court found that the legislative body, the city council, did not have the final say because the mayor, who is not a legislative body, also was involved in the final approval of the appearance commission's recommendation. Waterfront Estates, 232 Ill. App. 3d at 376-77. Additionally, the court found that, looking at the ordinance as a whole, neither the city council nor the mayor was actually required to review the commission's recommendations, and therefore the recommendation of the appearance commission was in reality a final decision. Waterfront Estates, 232 Ill. App. 3d at 377.