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Edgewater residents appeal dismissal of Broadway upzoning lawsuit

Edgewater residents appeal dismissal of Broadway upzoning lawsuit

Rule Changes Chicago, IL local

A neighborhood group is challenging a Cook County judge's ruling that they lacked standing to contest the city's rezoning of Broadway.

Today: Appeal reported, arguing judge ignored Illinois zoning law

Overview

Updated 1 hour ago

In October 2025, Chicago's City Council approved a major upzoning of Broadway in Edgewater and Uptown, allowing buildings up to 80 feet tall along a stretch of the North Side corridor. A group of residents and business owners sued, arguing the city failed to follow its own notification rules and denied them a voice at the zoning hearing. In June 2026, a Cook County judge dismissed the lawsuit, ruling that the plaintiffs' concerns about property values and neighborhood character were not constitutionally protected interests.

Now, the group—Edgewater Residents for Responsible Development—is appealing that dismissal. They argue the judge's decision ignored decades of Illinois zoning law and that neighboring property owners should have the right to challenge rezoning decisions that affect them. The appeal could determine whether similar lawsuits can block upzoning efforts in Chicago and beyond.

Why it matters

If the appeal succeeds, it could give neighborhood groups a new legal tool to challenge density-increasing zoning changes, slowing efforts to address Chicago's housing shortage.

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Key Indicators

15
Public speakers at zoning hearing
The city's lottery system allowed only 15 people to speak at the zoning committee hearing.
80 feet
Maximum building height
The upzoning allows buildings up to 80 feet tall.

Voices

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People Involved

PS
Pat Sharkey
President, Edgewater Residents for Responsible Development
Leading appeal of lawsuit dismissal
NC
Neil H. Cohen
Cook County Circuit Court Judge
Dismissed the lawsuit; now subject of appeal
 Leni Manaa-Hoppenworth
Leni Manaa-Hoppenworth
Alderman, 48th Ward
Supported the upzoning

Organizations Involved

ER
Edgewater Residents for Responsible Development
Community group
Appealing dismissal of lawsuit

A group of Edgewater residents and business owners who oppose the Broadway upzoning and sued the city.
City of Chicago
City of Chicago
Municipal government
Defending upzoning in appeal

The city approved the Broadway upzoning and is defending it in court.

Timeline

October 2025 November 2026

8 events Latest: Today
Tap a bar to jump to that date

  1. Appeal reported, arguing judge ignored Illinois zoning law

    Today Legal

    Block Club Chicago reported that the plaintiffs are asking the appellate court to overturn the dismissal, saying it ignored decades of Illinois zoning law.

  2. ERRD files notice of appeal

    Legal

    The group appealed the dismissal to the Illinois Appellate Court.

  3. Judge dismisses lawsuit

    Legal

    Judge Cohen ruled that the plaintiffs failed to show a constitutionally protected property interest.

  4. Oral arguments held on motion to dismiss

    Legal

    Judge Neil Cohen heard arguments from both sides; over 50 people attended the Zoom hearing.

  5. Plaintiffs respond to motion to dismiss

    Legal

    ERRD filed a response citing Illinois case law disputing the city's arguments.

  6. City moves to dismiss lawsuit

    Legal

    The City of Chicago filed a motion to dismiss the lawsuit, arguing the plaintiffs' rights were not violated.

  7. Edgewater residents sue city over upzoning

    Legal

    Edgewater Residents for Responsible Development filed a lawsuit alleging the city violated due process and zoning notification rules.

  8. City Council approves Broadway upzoning

    Policy

    The Chicago City Council approved two ordinances upzoning Broadway from Foster to Devon, allowing taller buildings and denser development.

Scenarios

1

Appellate court reverses dismissal, allows lawsuit to proceed

Possible Resolves by End of 2027

Discussed by: Legal observers and the plaintiffs

The Illinois Appellate Court could find that Judge Cohen erred in ruling that the plaintiffs lacked a constitutionally protected interest. If reversed, the case would return to Cook County Circuit Court for further proceedings, potentially delaying or blocking the upzoning.

2

Appellate court affirms dismissal, upzoning stands

Likely Resolves by End of 2027

Discussed by: City of Chicago and supporters of upzoning

The appellate court could agree with Judge Cohen that the plaintiffs' concerns about property values and neighborhood character are not constitutionally protected. This would end the legal challenge and allow the upzoning to proceed without further delay.

3

Case settles or plaintiffs withdraw appeal

Unlikely Resolves by Q2 2027

Discussed by: Court observers

The parties could reach a settlement or the plaintiffs could voluntarily dismiss their appeal, possibly in exchange for concessions from the city. This would end the litigation without a precedential ruling.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

2023-2024

Arlington, Virginia 'Missing Middle' lawsuit (2023-2024)

A group of Arlington residents sued to overturn the county's 'Missing Middle' zoning reform, which allowed up to six units on lots previously zoned for single-family homes. The lawsuit argued the county failed to follow proper procedures.

Then

A circuit court judge dismissed the lawsuit in 2024, ruling the plaintiffs lacked standing.

Now

The dismissal allowed the Missing Middle policy to take effect, though similar legal challenges continue elsewhere.

Why this matters now

Like the Edgewater case, it shows how neighborhood groups use due process claims to challenge upzoning, and how courts are increasingly rejecting those claims.

2026

Old Town Canvas lawsuit, Chicago (2026)

A condominium association sued the City of Chicago and a developer to halt a 349-home development, arguing it would harm property values. A judge dismissed the lawsuit in April 2026, stating the plaintiffs did not have a constitutional right to propped-up property values.

Then

The dismissal allowed the development to proceed.

Now

The ruling reinforced that property value concerns are not a basis for challenging zoning decisions in Illinois.

Why this matters now

This case, just miles from Edgewater, applied the same legal reasoning that Judge Cohen used to dismiss the Edgewater lawsuit.

Sources

(4)
+1
Block Club Chicago Save Edgewater YIMBY Law Block Club Chicago