Land Use & Economic Development

Ancel Glink will help you achieve your community and development vision.

Ancel Glink’s land use and economic development practice provides comprehensive legal services for public and private sector clients on zoning, planning, and development matters. Our expert guidance helps shape and navigate regulatory systems and policy initiatives, ensuring efficient effective results.

Ancel Glink’s land use practice has experience in all areas of land use and development, from annexation to zoning, and everything in between. Our attorneys advise local governments and property owners and developers on economic development, environmental consulting, real estate, construction, and telecommunications matters. Whether modernizing a zoning code or opening pathways for new development, our land use team can put your vision into action.

The following are a few examples of our land use services and recent projects:

Comprehensive rewrite of numerous zoning, subdivision, unified development, and form-based codes.
Negotiate public/private agreements for sale and development of land in a TIF district.
Successful defense of municipalities in annexation and zoning challenges.
Eminent domain litigation for major downtown redevelopment project.
Serve as lead environmental counsel on large-scale federal Superfund remediation cases, including a 60-acre municipal landfill site.
Innovative strategies to reduce costs of environmental remediation and compliance.
Advise municipalities, negotiate with developers and prepare documents for creation of wind energy and solar energy projects

Ancel Glink attorneys have written books, articles, and chapters on a wide variety of land use and economic development topics. Ancel Glink also publishes the Municipal Annexation Handbook, Zoning Administration Handbook, Zoning Administration Tools of the Trade, and the Economic Development Toolbox for Local Officials, all available for download in the Resource Center on the firm’s website.

Zoning & Land Use

Ancel Glink’s representation in land use matters spans the state and involves the full range of residential, commercial, and industrial development and redevelopment. In addition to the daily zoning and land use services we provide to our local government clients, the firm serves as special counsel for communities in complex annexation and development negotiations, updating or rewriting zoning, subdivision and other land use regulations, and establishing procedures for zoning petitions and hearings. Ancel Glink also conducts workshops and training sessions for planning and zoning staff and advisory boards.

The following are a few examples of our zoning and land use practices:

Comprehensive rewrite of zoning, subdivision, unified development, and form-based codes.
Drafted new zoning regulations to classify a large scale planned unit development with appropriate regulations and negotiated planned unit development agreement.
Represented a community in annexing and zoning property for agritourism, including negotiating future uses for the property.
Negotiated annexation agreement with property owners for gravel mining and subsequent redevelopment of property for residential and commercial uses.
Draft and negotiate boundary and planning agreements for neighboring municipalities.
Draft rules of procedure for zoning hearings.
Attend Plan Commission and ZBA hearings on behalf of municipal and developer clients.
Counsel a city in multi-phase disconnection and annexation process to bring large residential and commercial area within city’s jurisdiction.
Successful application on behalf of a private client for the rezoning of 230 acres of property to an industrial use with 60 year land use plan.
Review development applications and analyze compliance with development codes.

Economic Development

Ancel Glink counsels clients in all aspects of public/private partnerships, including the provision of public assistance for development or redevelopment projects. We have experience drafting and negotiating redevelopment agreements covering all types of projects, including downtown redevelopments, town center and mixed-use developments, transit-oriented developments, commercial and industrial parks, and residential planned developments, and Enterprise Zones.

Our TIF services run the gamut, from the creation and administration of TIF districts to statutory compliance matters. Depending on the nature of the development and improvements to be supported with public assistance, a special service area or business development district may be more appropriate. We have worked with communities to more equitably distribute the true cost of public improvements without saddling residents with excessive property tax burdens. Business districts are being recognized as an effective economic development tool for commercial developments which result in less intergovernmental tension. Regardless of the tool which fits your plan the best, our expertise will ensure all of the procedural and substantive requirements are satisfied so that your goals can be accomplished.

We also assist with a wide array of debt-issuance transactions, ranging from straightforward general obligation bonds to financings secured by TIF districts, special service areas, special assessments and business development districts. Our attorneys also advise public and private clients regarding the use of tax abatements and sales tax rebates, including the important distinctions between home rule and non-home rule communities, and have been involved in the following projects recently:

Assist in the establishment of TIF districts, special service areas, and business development and redevelopment districts.
Creation of TIF district for office campus headquarters of an international corporation.
Create a Business Redevelopment District for a 600,000 sq. ft. retail center.
Negotiate a public/private agreement for sale and development of land in TIF District.
Assist with the creation of a public-private partnership to reclaim and plan uses of 100 year old quarry, including pioneering land-use regulations on reclamation, master plan for properties, and coordination of property transfers and uses.
Defend municipality against lawsuit seeking to invalidate TIF district.

Environmental & Alternative Energy

Ancel Glink provides legal expertise to guide clients through the complex environmental laws and regulations that a project may encounter. Our environmental attorneys focus on all areas of environmental law, from due diligence to large-scale Superfund remediation. We also routinely partner with engineering consultants to provide streamlined, multidisciplinary legal advice. Ancel Glink’s tailored environmental practice offers an efficient and cost effective alternative to the high-cost, and often outdated, approach offered by some firms. The environmental practice also provides support to our real estate practice to assist our clients in protecting their investments.

In addition, our attorneys have participated in Section 39.2 landfill siting hearings in a variety of roles, including as the hearing officer and staff attorney advising the corporate authorities. We are familiar with both the political, legal and scientific hurdles that must be navigated to reach a sound local siting decision.

Recently, our environmental group attorneys have been involved in the following projects:

Local siting review for new and expanded regional landfills.
Serve as lead environmental counsel on large-scale federal Superfund remediation cases, including a 60-acre municipal landfill site.
Management of IEPA brownfield remediation and leaking underground storage tank projects
17 acre remediation of former landfill and asphalt plant into recreation and municipal center.
Develop innovative strategies to reduce costs of environmental remediation and compliance.
Ensuring CERCLA due diligence compliance, including brownfield properties.
Devise RCRA strategies for compelling properties to voluntarily clean up past contamination.

Amending boundaries of Enterprise Zones for energy project equipment and access
Negotiating with developers regarding terms, conditions, tax incentives, and fees for both EZ and non-EZ energy projects
Preparing ordinances and development agreements for alternative energy projects

Land Use Litigation

From procedural challenges to constitutional claims, Ancel Glink attorneys have decades of experience with zoning and land use litigation. As counsel to numerous local governments and zoning boards, our attorneys have developed a unique and valuable perspective on the zoning process which guides our legal strategy. For both public bodies and private companies, Ancel Glink provides a distinct advantage in any land use dispute. Our attorneys have extensive experience in complex eminent domain litigation for our governmental entities, including service as Special Assistant States Attorneys for counties negotiating road project condemnations.

The following are just a few examples of our litigation experience:

Eminent domain litigation for major downtown redevelopment project.
Successful defense against a takings claim challenging a municipal zoning decision.
Successful prosecution and defense of municipal and private foreclosure actions.
Prosecute demolition cases involving blighted commercial and residential properties.
Successful defense of municipality in an action by developer seeking to overturn denial of special use permit application.
Successful defense of impact fee agreements for park districts.
Represent a school district in complex litigation arising from a TIF redevelopment agreement, resulting in a $20 million settlement for the school district.
Negotiate economic development agreements for TIF projects throughout the state.

Represent industrial land owner in multi-million dollar eminent domain action by IDOT for expansion of interstate highway.

Real Estate

The following are just a few examples of our litigation experience:

Eminent domain litigation for major downtown redevelopment project.
Successful defense against a takings claim challenging a municipal zoning decision.
Successful prosecution and defense of municipal and private foreclosure actions.
Prosecute demolition cases involving blighted commercial and residential properties.
Successful defense of municipality in an action by developer seeking to overturn denial of special use permit application.
Successful defense of impact fee agreements for park districts.
Represent a school district in complex litigation arising from a TIF redevelopment agreement, resulting in a $20 million settlement for the school district.
Negotiate economic development agreements for TIF projects throughout the state.
Represent industrial land owner in multi-million dollar eminent domain action by IDOT for expansion of interstate highway.

Construction

Ancel Glink has the background, experience and expertise to help you manage all of the risks inherent in your construction project and to help pave your way to final completion. Our vast experience in the public sector means that we have negotiated hundreds of contracts with design professionals, contributed to the conditions set forth in hundreds of bid packages, and helped to resolve a substantial number of disputes through litigation, arbitration, mediation and negotiation. We have lawyers that have worked in construction, know how to read construction drawings, are familiar with how the job site functions, and know how to steer the contract negotiations and any litigation in your favor. We have represented owners, architects, engineers, contractors and subcontractors in all of the delivery methods, including design/build, and we have substantial experience in handling mechanics’ lien issues and dealing with sureties.

Ancel Glink attorneys have authored chapters on Construction Law in the Municipal Law treatise and School Law treatise published by the Illinois Institute of Continuing Legal Education. We are familiar with the most popular families of documents (e.g., AIA, EJCDC) and we have written model contracts to assist our clients in managing smaller projects at minimal expense and delay.

We can help you from concept to final completion, including providing the following services:

Assisting clients in the Qualifications Based Selection process for design professionals.
Advising clients on contract terms that save you money now and down the road.
Drafting and editing general and supplementary conditions to construction contracts.
Advising clients on the public bid process and compliance with the Prevailing Wage Act.
Representing clients in pursuing or defending construction-related claims.

Telecommunications

Ancel Glink offers advocacy, consulting, and drafting services for telecommunications law.
We understand the demands of cellular companies and the pitfalls that can arise when leases or the rental rights are sold or assigned. We can also assist communities through the treacherous landscape of federal laws regulating local authority to zone cellular antennas.

Now that Illinois has adopted a state-wide franchising scheme for cable and video services, we can help your community be prepared for new entrants in the video market. New laws contain important services and payments that do not become enforceable by default, so local governments must know what to request and when to request it. We can help keep your ordinances up-to-date so you are ready for when a new provider offers competition to your incumbent cable operator.

One area of law that has received a lot of attention following the change in cable franchising rules is right-of-way management. Making sure your right-of-way ordinance is up to date is an important step in protecting the aesthetics and welfare of your community.

Assist in drafting model cable/video regulatory ordinances for the Metropolitan Mayors Caucus.
Assist in drafting a model cable franchise agreement for the Metropolitan Mayors Caucus.
Draft and negotiate numerous cellular tower leases and other agreements.

Our Recent Case Studies

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