Brookfield commission recommends revocation of special-use permit for proposed West Ogden cannabis dispensary

The Brookfield Planning & Zoning Commission voted to recommend that the Village Board revoke the special-use permit granted under Ordinance No. 2023-29 for a proposed cannabis dispensary at 8863 West Ogden Avenue.

Village attorney Thomas Halloran opened the public hearing and said the petition filed by the village asks the commission to recommend revocation because the applicant named in the 2023 ordinance did not meet the conditions attached to approval and no longer has an interest in the property. Halloran read the conditions in the ordinance, which required the applicant to obtain an Illinois Department of Transportation permit to eliminate the Ogden Avenue curb cut prior to an occupancy permit, to install a six-foot opaque wooden fence along the southern property line, and to work with the adjacent east property owner to repair or replace the eastern fence so it matched the southern fence.

"The applicant did not complete their obligations and they no longer can because they no longer have an interest in the property," Halloran said, citing the village petition and the ordinance language that ties revocation to failure to meet imposed conditions.

A village staff member told commissioners the site has been dormant and subject to repeated code enforcement incidents: "There have been over 12 different times where the fence has fallen and it's been patently unsafe," staff said, arguing the village had grounds to pursue revocation when conditions have not been met over a three-year period.

One commissioner raised concern about fairness to the current property owner because special-use permissions typically run with the land and could be exercised by a future owner. The commissioner said revocation might expose the village to legal risk unless the revocation is narrowly tailored. Staff and counsel responded that the petition and legal review address those risks and that a new applicant would have to apply again if the permit were revoked.

After discussion, Commissioner (S7) moved to recommend revocation; the motion was seconded and the commission carried the recommendation by voice vote with one dissent. The roll call as recorded verbally in the hearing: Commissioner Evans voted no; the remaining commissioners voted aye.

The commission’s recommendation is advisory; the Village Board will make the final determination on revocation.

Next steps: the village will forward the commission’s recommendation and legal petition to the Village Board for its consideration. The hearing record shows the village cited the ordinance adoption date (May 22, 2023), stated there had been no activity at the site since May 2025, and that the village sent a notice on 11/06/2025 declaring building permits expired due to abandonment.

Key documents and actions from the meeting — including the village petition citing section 62-917(3) of the village code as the legal basis for revocation and the motion recommending revocation — will be part of the Village Board’s packet when it considers the matter.