# Edgewater neighbors appeal the ruling that tossed their Broadway upzoning suit. Here's what the Council's hearing record shows

*The group says the zoning committee's October 2025 hearing limited public speaking time. Our recording shows 20 speakers, 22 map amendments and two protest petitions that raised the bar for passage.*

By Chicago Politics · Updated Nov 5, 2026

A group of Edgewater and Uptown property owners has appealed a judge's dismissal of its lawsuit against the City's 2025 upzoning of Broadway, [Block Club Chicago reported](https://blockclubchicago.org/2026/11/05/edgewater-neighbors-appeal-judges-broadway-upzoning-ruling/). The rezoning, from Montrose to Devon avenues, allows taller, denser buildings and more business uses along the Red Line corridor.

Why it matters: the rezoning, which covers about 2.6 miles, was called the largest multi-block proactive upzoning in decades by [Chicago Cityscape](https://www.chicagocityscape.com/blog/more-proactive-upzonings-have-been-added-to-the-chicago-zoning-map-a58ad55194), and it's meant to make room for more housing near the Red Line. If the appeal succeeded, it could reopen how the City notifies neighbors and runs public hearings on map changes like this one.

## The case so far

According to Block Club:

- **The lawsuit.** Edgewater Residents for Responsible Development and co-plaintiffs sued in January, alleging due process violations, failure to meet City and state rezoning requirements, inadequate notice to affected owners and those within 250 feet, and denial of a chance to speak at a public hearing.
- **The dismissal.** In June, Cook County Circuit Judge Neil Cohen dismissed the case, ruling that the plaintiffs hadn't shown prejudice or the loss of a constitutionally protected property interest.
- **The appeal.** In a brief filed last Friday, the group argues that Cohen ignored Illinois zoning law and wrongly found it lacked standing to challenge neighboring properties' zoning, and that the zoning committee's hearing had "fundamental problems," including limits on speaking time.

The City's Law Department doesn't comment on pending litigation, Block Club reported. The group's president claims the plan targets 80% of the buildings along Broadway for demolition, Block Club reported; supporters, including a neighborhood group, say it will bring new housing and business opportunities. No court date has been reported.

## What our records add

**The committee hearing.** The Committee on Zoning, Landmarks and Building Standards took up the package on Oct. 14, 2025, with Ald. Bennett Lawson (44th) presiding as vice chair ([meeting notes](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77)). Our recording shows:

- **Public comment** opened about 20 minutes in and ran about 40 minutes, with 20 speakers, most for or against the Broadway plan ([watch](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77?t=1219)).
- **The package** was 22 aldermanic map amendments plus a pedestrian street designation, presented by the Department of Planning and Development ([watch](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77?t=3633)). The committee advanced it 15 to 2, [WTTW reported](https://news.wttw.com/2025/10/14/key-city-panel-oks-plan-designed-build-more-housing-edgewater).
- **Protest petitions.** Lawson said valid protest petitions had been filed against two of the amendments, A8996 and A9001, which meant those would need a two-thirds vote of the full Council; a third petition, on A8984, was found invalid ([watch](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77?t=4148)).
- **The sponsors.** Ald. Angela Clay (46th) said developers had told her they couldn't build under the old zoning ([watch](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77?t=4651)). Ald. Matt Martin (47th) cited similar changes on Western Avenue in his ward ([watch](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77?t=4914)). Ald. Leni Manaa-Hoppenworth (48th) said the plan builds on studies going back to the early 2000s ([watch](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77?t=6101)).
- **Questions.** Ald. Anthony Beale (9th) asked how many businesses or properties would become nonconforming ([watch](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77?t=5040)); Lawson said that because the plan mostly adds density and uses, it should create less nonconformity than exists now ([watch](https://www.chicagopolitics.org/meeting/2FA01BB8-1B93-F011-B4CB-001DD8097E77?t=5082)).

**The Council vote.** The full Council passed the package two days later, at its [Oct. 16, 2025 meeting](https://www.chicagopolitics.org/meeting/1BDD5AEB-3B9D-F011-B4CB-001DD80F1323), [CBS Chicago reported](https://www.cbsnews.com/amp/chicago/news/chicago-city-council-vote-taller-buildings-more-housing-broadway-edgewater-uptown). Zoning map amendments don't get individual roll calls in our records, but the companion pedestrian street designation for 4400 to 5099 N. Broadway, sponsored by Clay with Martin and Manaa-Hoppenworth, passed 45 to 2 ([O2025-0016698](https://www.chicagopolitics.org/matter/O2025-0016698-designating-n-broadway-pedestrian-street-app)). Ald. Pat Dowell (3rd) and Beale voted no.

How each ward voted: [O2025-0016698](https://www.chicagopolitics.org/matter/O2025-0016698-designating-n-broadway-pedestrian-street-app)

**Since then.** The Council has kept investing on the corridor. In September it approved City financing for 90 affordable apartments at 5853 N. Broadway, next to the Thorndale Red Line station, [as we reported](/on-my-block/edgewater-5853-n-broadway-affordable-housing).

## What's next

- **The appeal** now goes to the Illinois Appellate Court. No court date has been reported, Block Club said.
- **On the corridor:** new projects under the Broadway zoning still go through City permits and, where required, Council approval; we'll track them on the ward pages.

The [46th](https://www.chicagopolitics.org/ward/46), [47th](https://www.chicagopolitics.org/ward/47) and [48th Ward](https://www.chicagopolitics.org/ward/48) pages track each sponsor's legislation and votes.

*Sources: [Chicago Sun-Times: Neighbors in uproar as city committee backs Broadway zoning changes](https://chicago.suntimes.com/real-estate/2025/10/14/neighbors-uproar-chicago-zoning-committee-broadway-zoning-uptown-development).*


## Legislation in this story

- [Amendment of Municipal Code Section 17-3-0500 by designating 4400-5099 N Broadway as Pedestrian Street - App No. A8986](https://www.chicagopolitics.org/matter/O2025-0016698-designating-n-broadway-pedestrian-street-app) (O2025-0016698)

## Sources

1. City Clerk: [O2025-0016698: Amendment of Municipal Code Section 17-3-0500 by designating 4400-5099 N Broadway as Pedestrian Street - App No. A8986](https://chicityclerkelms.chicago.gov/Matter/?matterId=5B5E4131-371A-F011-9989-001DD830951E)
2. City Clerk: [O2025-0016698, Committee Letter: Zoning Committee Letter.pdf](https://occprodstoragev1.blob.core.usgovcloudapi.net/matterattachmentspublic/43a46684-c701-44b2-a424-c4840a1fc2aa.pdf)
3. City Clerk: [O2025-0016698, Legislation: Pedestrian Street - Broadway - Six-Corner Intersection.pdf](https://occprodstoragev1.blob.core.usgovcloudapi.net/matterattachmentspublic/787eae27-6ae3-417d-8479-22f7ffcacd8f.pdf)
4. City of Chicago: [City Council, Oct 16, 2025: meeting video](https://vimeo.com/1127657487)
5. City Clerk: [City Council, Oct 16, 2025: Notice](https://occprodstoragev1.blob.core.usgovcloudapi.net/meetingattachmentspublic/7c98db12-3c9d-f011-b4cb-001dd8071e18.pdf)
6. City Clerk: [City Council, Oct 16, 2025: Agenda](https://occprodstoragev1.blob.core.usgovcloudapi.net/meetingattachmentspublic/25abc6eb-4ab0-43a2-a027-6c772266e388.pdf)
7. Block Club Chicago: [Block Club Chicago reported](https://blockclubchicago.org/2026/11/05/edgewater-neighbors-appeal-judges-broadway-upzoning-ruling/)
8. chicagocityscape.com: [Chicago Cityscape](https://www.chicagocityscape.com/blog/more-proactive-upzonings-have-been-added-to-the-chicago-zoning-map-a58ad55194)
9. WTTW: [WTTW reported](https://news.wttw.com/2025/10/14/key-city-panel-oks-plan-designed-build-more-housing-edgewater)
10. CBS News: [CBS Chicago reported](https://www.cbsnews.com/amp/chicago/news/chicago-city-council-vote-taller-buildings-more-housing-broadway-edgewater-uptown)
11. Chicago Sun-Times: [Chicago Sun-Times: Neighbors in uproar as city committee backs Broadway zoning changes](https://chicago.suntimes.com/real-estate/2025/10/14/neighbors-uproar-chicago-zoning-committee-broadway-zoning-uptown-development)
12. Chicago Politics: [O2025-0016698: votes, timeline and summary](https://www.chicagopolitics.org/matter/O2025-0016698-designating-n-broadway-pedestrian-street-app)
13. Chicago Politics: [City Council, Oct 16, 2025: transcript](https://www.chicagopolitics.org/files/transcripts/1127657487.txt)
14. City of Chicago: [Neighborhood and community area boundaries (Chicago Data Portal)](https://data.cityofchicago.org/d/y6yq-dbs2)

On the map: [Edgewater](https://www.chicagopolitics.org/on-my-block/neighborhoods/edgewater), [Uptown](https://www.chicagopolitics.org/on-my-block/neighborhoods/uptown), [46th Ward](https://www.chicagopolitics.org/ward/46), [47th Ward](https://www.chicagopolitics.org/ward/47), [48th Ward](https://www.chicagopolitics.org/ward/48)

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Source: https://www.chicagopolitics.org/on-my-block/edgewater-broadway-upzoning-appeal-filed-zoning-hearing-record-clay-martin · Chicago Politics, an independent tracker of the Chicago City Council. Guide for agents: https://www.chicagopolitics.org/llms.txt