Judge tosses Edgewater residents’ lawsuit over Broadway upzoning—Crains Chicago Business

By Rachel Herzog | Jul 6, 2026
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A judge has dismissed a lawsuit against the city that sought to overturn the upzoning of a Far North Side corridor, a setback for a group of Edgewater residents and business owners who argued it was inappropriate for the neighborhood.

Cook County Judge Neil H. Cohen said in an order issued June 29 that the plaintiffs, nonprofit organization Edgewater Residents for Responsible Development and 13 neighborhood residents and business owners, failed to establish their due process rights were violated by the rezoning, saying they don’t have a constitutionally protected interest in the prior zoning designation.

The City Council passed two ordinances that upzoned hundreds of properties along and near North Broadway Avenue in the Edgewater and Uptown neighborhoods in October. In a complaint filed in January, the plaintiffs argued the city didn’t meet its own requirements for notifying property owners and residents that would be affected and asked the court to revert properties specified in the complaint back to their prior zoning.

Opponents to the zoning changes have argued the higher density threshold will lead to increased traffic and incentivize owners of smaller buildings that hold local businesses or naturally occurring affordable housing to sell their properties to developers. Supporters say it would streamline the development of much-needed new housing.

Patricia Sharkey, president of Edgewater Residents for Responsible Development, said the group was “extremely surprised” by the judge’s decision and that it planned to appeal.

“We think the judge has given an unusually narrow interpretation of the rights of property owners particularly, but the public also in terms of our constitutionally protected interest,” she said.

In his opinion, Cohen wrote that most of the individual plaintiffs own property adjacent to buildings being rezoned and are alleging harm to their property values and neighborhood character, which he said are not constitutionally protected interests under Illinois law.

A spokesperson for the city’s Department of Law said in an email that the city is pleased with the decision because it leaves in place the land use framework that was adopted and supports the Johnson administration’s strategy to address the housing shortage.

The Chicago Sun-Times first reported on the dismissal.