Judge rules against opponents in challenge to Vernon Hills Menards project
A court fight over a proposed Menards store in Vernon Hills turned in the village's favor Friday when a judge found opponents do not have standing to contest it.
Whether an appeal will be next, or the path is clear for the project at Greggs Parkway and Milwaukee Avenue to resume, remains to be seen.
Lake County Associate Judge Luis A. Berrones ruled for Menards and the village and against residents, finding the residents did not have standing to bring the lawsuit, according to Village Manager John Kalmar. The lawsuit was filed in October 2014.
"We're pleased with the outcome," he said.
Property owners in the Gregg's Landing subdivision west of the site banded together as Build Something Special Ltd. to challenge the project, saying covenants enacted when the site was annexed in 1988 restricted the uses to retail commercial, office and hotel. Opponents claimed Menards includes a warehouse use that violated the covenants and village ordinances.
Kalmar and village officials maintained their interpretation was correct. After nine months in process, the village board in July 2014 approved a two-story, 286,986-square-foot Menards store, lumber yard and garden center subject to 44 conditions.
Last summer, Berrones allowed two of three counts of the suit to stand, buoying residents and allowing the legal challenge to continue. But the determination Friday was another matter.
"We knew it was a possibility, but we thought it was pretty remote," said David Oppenheim, organizer of Build Something Special. "We haven't given up and we're weighing our options at this point."
"I think we proved that Menards was building in violation of the restrictive covenant that prohibits any type of warehouse use," said Joe Morrison, who represents Build Something Special. "But the judge ultimately ruled that we didn't have standing to object."
A fundraiser is scheduled for 5 to 8 p.m. Monday at Dave & Busters at Hawthorn Mall in Vernon Hills, with a portion of meal sales going to the group.
"I don't want people to think all hope is lost," Oppenheim said.
Build Something Special maintains the proposal violates the spirit and intent of the village's comprehensive plan.
Kalmar said the village was "kind of in a wait and see mode" but had no indication of Menards' next step.
"There's nothing at this point of (Menards) coming in and filing for a building permit on Monday," he said.
The site has been prepared with water detention, water and sewer mains, and roadways installed, but no building construction has begun. A Menards spokesman could not immediately be reached Friday evening.