Edgewater Residents Appeal Broadway Upzoning Dismissal
Neighbors ask an appellate court to revisit a Cook County judge's ruling that tossed their lawsuit over the Chicago zoning change.
Updated on Nov. 5, 2026 in City Hall
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Edgewater neighbors filed an appeal brief this week challenging Cook County Circuit Court Judge Neil Cohen's June dismissal of their lawsuit against the city's upzoning of Broadway from Montrose to Devon avenues. The City Council approved the rezoning in October 2025.
Why it matters
The case tests whether residents were properly notified and heard before Chicago reclassified the corridor for taller, denser buildings. Supporters say the change will add housing near the Red Line, while opponents argue it threatens existing buildings.
Judge Neil Cohen dismissed the suit in June 2026, ruling plaintiffs did not show prejudice or deprivation of protected property interests. Plaintiffs filed an appeal brief last Friday, and the city's Department of Law does not comment on pending litigation.
The players
Judge Neil Cohen
Cook County Circuit Court judge who dismissed the lawsuit, ruling the plaintiffs had not shown prejudice or deprivation of constitutionally protectable property interests.
Edgewater Residents for Responsible Development
Neighborhood group that brought the lawsuit and is now appealing the dismissal over the Broadway rezoning.
Chicago City Council
Body that approved the Broadway upzoning in October 2025 to allow taller, denser buildings and additional business uses along the corridor.
The details
The group Edgewater Residents for Responsible Development alleges the rezoning violated due process and city and state requirements by failing to properly notify owners and by limiting public speaking time at a hearing. The plaintiffs also argue they were improperly denied standing to challenge rights of neighboring properties.
Timeline
October 2025: City Council approves the Broadway upzoning.
March 2026: City asks the court to dismiss the lawsuit.
June 2026: Judge Cohen dismisses the case.
Last Friday: Plaintiffs file their appeal brief.
Legal Context
The appeal asks an appellate court to test how Illinois zoning notice and hearing rules apply to a large corridor rezoning in Chicago. The outcome could shape how neighborhood groups challenge similar upzonings near transit lines.
Residents along Broadway between Montrose and Devon could see taller, denser buildings and new business uses if the rezoning survives appeal. Property owners and renters in the corridor face possible redevelopment and demolition pressure that depends on the court's ruling.
The takeaway
The appeal will decide whether Broadway's zoning change stands, and nearby owners and renters should watch the court docket closely as Chicago's Broadway corridor faces redevelopment pressure.
Further reading
Follow more local rezoning fights in the City Hall section.
Source note: This article includes information reported by Block Club Chicago.
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