Wednesday, June 5, 2019

Is zoning a matter of fact or law?

According to an Illinois appellate case that came out this week, zoning can be a matter of fact, not just law, where a real estate broker mis-represented zoning that could not be verified by the buyer.  Fun case worth a read.  As the court notes:

Because Horwich misrepresented to Edson that the space was suitable for a grocer and Edson could not, through ordinary prudence, have discovered that the space was not zoned for commercial use, Horwich's misrepresentations were statements of fact. 

Westlaw cite:  Edson v. Fogarty, 2019 IL App (1st) 181135, ¶ 39,

https://lawprofessors.typepad.com/land_use/2019/06/is-zoning-a-matter-of-fact-or-law.html

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