''Proportionality'' Factor to Determine Whether Property Owner Made Substantial Position Change Regarding to Building Permi
In Lake Shore Associates v. Healey, 223 Ill. 2d 607, 622-23, 861 N.E. 2d 944, 308 Ill. Dec. 379 (2006), the Illinois Supreme Court acknowledged for the first time that the proportionality between the expenditures incurred and the total projected cost of the development was a factor to be considered in determining substantiality. See Healey, 223 Ill. 2d at 626-27.
In adopting proportionality as a factor, the supreme court held that the determination as to whether a property owner has made a substantial change of position in good-faith reliance on the probability of obtaining a building permit could not be decided "by considering only the objective amount of expenditures in a vacuum." Healey, 223 Ill. 2d at 626-27.