Could Islamic center suit against Des Plaines be resolved this year?
Des Plaines officials believe the federal government's suit against the city for refusing to allow a Bosnian Islamic center to open could be resolved this year, and potentially settled out of court.
City Manager Mike Bartholomew said while it's possible the litigation could drag out for a while, officials believe it's likely to be resolved in 2016.
The U.S. Department of Justice sued the city last September, following the city council's rejection in July 2013 of a zoning change that would have allowed the American Islamic Center to convert two connected office buildings at 1645 Birchwood Ave. into a prayer hall/community center.
The suit alleges the city imposed parking standards and other zoning criteria that were not supported under its zoning ordinance and that had never been imposed on non-Islamic places of worship.
City officials have said the justice department has taken an "unnecessary stance" and the city is welcoming to all religious faiths.
Federal authorities accuse the city of violating the Religious Land Use and Institutionalized Persons Act of 2000, and have called for the city to grant approval to the worship center.
But the city argued in a court filing this month that it can't approve the worship center since the building has been sold.
The American Islamic Center, whose membership includes immigrants who fled war-torn Yugoslavia in the 1990s, contracted to buy the property in February 2013 on the condition the city would adopt a zoning map amendment that would allow use of the property as a place of worship.
Aldermen voted 5-3 in July 2013 to deny the center's application, and last September, building owner Founders Insurance Company sold it to Birchwood Building LLC for $680,000. A portion of the building has since been leased to Advanced Security Solutions, a private security firm. The 1.8-acre site is located in a light industrial area on Des Plaines' southeast side.
Last week, the city council endorsed the new owner's application for a Cook County Class 7A property tax incentive, which allows the property to be assessed at 10 percent of its market value for 10 years, 15 percent in the 11th year, and 20 percent in the 12th year.
Normally, property would be assessed at 25 percent of market value.
The building owner has pledged to make $432,240 in improvements and lease the remaining one-third of the building to other businesses. In endorsing the Class 7A application, the council agreed those improvements wouldn't be made without the property tax break.
Were the federal government to prevail in its lawsuit, the judge could grant other relief prosecutors have sought: to provide training to city staff on the federal law to prevent future violations, establish procedures to address complaints of violations, and maintain records and submit reports relating to compliance.