Legal Question in Real Estate Law in Illinois

The general rule is that if a building permit is issued in error without the fault of the party that procured it, and substantial progress has occurred in the construction permitted so that the party that was issued the permit would be substantially harmed if the permit is revoked, the governmental unit that issued the permit may be estopped, that is, prevented, from issuing a cease and desist order. However, there are at least a few questions. Normally, a permit is only good for 6 months and must be extended if the work is not completed in that time. Secondly, that normally only applies to permanent improvements, not fences. So it may depend on the kind of fence and how far along you are. Moreover, how did the "error" occur and what is it? Did you ask for something that was NOT allowed and they simply allowed it in error, or something else. So, more facts are needed, and the reality is that fighting the case could take some time. My best thought is to try to work something out with the permit people if they are willing to find a mutually acceptable resolution. Finally, no matter what resolution, the result could be that the fence is considered non-conforming at best and if the property is later sold and a code inspection is made, the buyer may raise the issue..... For a full review of all the relevant facts and a more accurate assessment of your particular situation, you should have everything reviewed by an attorney.