Legal fight over proposed Menards store in Vernon Hills continues
The legal fight regarding a proposed Menards home improvement store at Greggs Parkway and Milwaukee Avenue in Vernon Hills will continue as neighbors have taken their arguments to the 2nd District Appellate Court.
Whether construction of the building on the highly visible site will proceed is unclear. Menards recently responded to comments from village staff made about a year ago, and a second review of building permits is in progress. However, the company has not publicly commented.
“They have the site prepared and ready to start building a building. What their intentions are, I don't know,” building commissioner Mike Atkinson said.
The notice of appeal, filed Friday, continues legal action by neighbors in the Greggs Landing subdivision west of the site. Organized as Build Something Special Ltd., the group has spent an estimated $75,000 since initiating legal action against Menards and the village in October 2014.
Earlier this year, a circuit court judge ruled the group did not have standing and dismissed the case. In mid-May, motions to reconsider were denied and prompted the village to issue a news release supporting the decision.
The rulings acknowledged an “open and transparent review process” that spanned seven public meetings and led to significant concessions from Menards regarding the building design, landscape screening, hours of operation and other aspects, the village contended.
The parties met before the appeal period ended Monday, but a settlement wasn't reached. The residents' appeal seeks to have the rulings reversed or the matter returned to trial court.
“Basically, we feel there are certain things that obviously the judge may have missed or had the opportunity to rule differently and didn't,” said David Oppenheim, who formed the opposition group.
“The community is still very disappointed with the project and eager to either see it changed dramatically or abandoned,” he added.
Menards' proposal was in review process for nine months before the village board in July 2014 approved a two-story, 286,986-square-foot store, lumber yard and garden center subject to 44 conditions.
Residents have argued covenants enacted when the site was annexed in 1988 restrict uses to retail commercial, office and hotel, and a warehouse use violated the covenants and village ordinances.
The site has long been ready with an access road, underground utilities and a detention area in place.
“There's been nothing all along stopping them,” from proceeding, Oppenheim said. “They just recognized that what we have suggested in court has real substance.”
Oppenheim said there still is a possibility of a settlement, but he wouldn't say specifically what residents would or would not agree to.
Village Manager John Kalmar said he is not surprised by the appeal and the village is prepared to issue a footing and foundation permit.