Illinois Supreme Court

Medponics Illinois LLC v. Dept. of Agriculture

May 20, 20212021 IL 125443

Summary

The court held that the Department of Agriculture reasonably interpreted the cultivation-center setback requirement to prohibit locations within 2,500 feet of areas zoned exclusively for residential use, rather than any residential district. Because Aurora's R-1 and R-5 districts allowed numerous residential and nonresidential uses, they were not zoned exclusively for residential use, so Curative's proposed location complied with the requirement. The court therefore affirmed the appellate court, reversed the circuit court, and affirmed the Department's permit decision.