Elgin Tower lawsuit thrown out, plan moves forward
A Kane County judge has again thrown out a lawsuit trying to stop redevelopment of the iconic Elgin Tower Building with apartments, but this time "with prejudice," meaning the suit cannot be refiled.
Judge Thomas Mueller Wednesday sided with the city of Elgin, which was fending off a lawsuit filed by Marco Muscarello, the owner of the recently shuttered Gasthaus Zur Linde, 15 N. Grove Ave.
The lawsuit sought to stop the city from using $4.7 million in special tax district funding to create 45 apartments in the 15-story building at 100 E. Chicago St., in an effort to continue the redevelopment of the city's downtown.
Attorney Charles Muscarello, who represented Gasthaus for his father, argued the development plan would remove 55 downtown parking spaces for private use and the city's development and approval process violated the state's constitution.
"Being creative is one thing, violating your own procedures, state statute and a due process constitutional right is something else," he argued. "The way they've gone about enacting this is arbitrary, capricious and unreasonable."
Mueller - who dismissed the Gasthaus lawsuit over the summer but gave them the chance to refile it - disagreed, noting the parking spaces would be leased to new residents living in the Tower Building and the city's home rule powers give it latitude in development.
"We have city action being taken that this court is not in a position to question," Mueller said. "I have to accept it as valid."
Richard Souyoul, president of Souyoul Properties, Inc., said Wednesday he was glad the lawsuit was over and hopes to begin work as soon as possible on the conversion to apartments.
"We're pleased and we're moving forward," he said.
Charles Muscarello said he needed to talk with his father before deciding whether to appeal. He has 30 days to file.