Horizon Farm in Barrington Hills again off-limits to public
Horizon Farm in Barrington Hills has closed to the public again as part of an ongoing legal tussle between the owners who fell into foreclosure and the Forest Preserve District of Cook County.
An Illinois appellate court order has thrown the scenic 400-acre estate's future into question. The legal taffy pull has pitted Richard Kirk Cannon and Meryl Squires Cannon against the forest district since the government agency purchased the property for $14.5 million in 2013 after it went into foreclosure four years earlier.
Horizon Farm - previously known as Horizon Farms - closed to the public just months after opening due to another appellate court ruling in September 2015, but reopened in May 2016.
Now, under the Aug. 29 appeals court order, the forest district no longer is considered Horizon Farm's owner, meaning the public once again can't use 4 miles of trails for hikers, bicyclists and horse riders. The order says the lower Cook County circuit court should resume proceedings in the matter.
"The allegations and evidence in the record leave unresolved genuine issues of material fact as to whether the document (the forest district) presented qualifies as a mortgage and whether (it) has the rights of a mortgagee," according to the First District Appellate Court decision.
However, forest district spokeswoman Lambrini Lukidis said the agency filed a motion to stay the appellate order Sept. 7 with the Illinois Supreme Court. She said the forest district also has filed a separate motion in Cook County court seeking an evidentiary hearing on the "mortgagee-in-possession issue."
"We do not comment on pending litigation, but hope these matters are resolved in favor of public access and enjoyment in the near future," Lukidis said in a statement.
Richard Cannon said Thursday that he and his wife should be recognized as the property owners as a result of the appellate order. While Cannon and his wife have posted a "no trespassing" sign on a locked gate at Horizon Farm, he said they understand how someone might want to go on the land and don't want to see anyone prosecuted.
"The reality is, the forest district no longer has any claim to the title," he said.
Cannon said he and his wife were current on their mortgage payments to the now-defunct Amcore Bank when the foreclosure was initiated. The Cannons long have argued the property was illegally snatched by Amcore.
Amcore's assets were taken over by the Federal Deposit Insurance Corp. and sold to BMO Harris Bank. BMO sold the loan and mortgage on Horizon Farm to the forest district.
In court documents, the Cannons stated they purchased the property - at one time home to about 40 of their show and race horses - for $19.3 million in 2006 after obtaining a $14.5 million loan from Amcore. The site also has a main house, guesthouse, bunkhouse, employee apartment building and a duplex.