Developers sue Prospect Heights

Developers are suing Prospect Heights for breach of contract regarding a proposed townhouse development, asking for at least $500,000 in damages.

Lawyers for plaintiffs Bee Bindery Inc. and George Broustis said on Tuesday that the city had reneged on its contract by recently voting down a 30-unit townhouse development proposed for the southwest corner of Elmhurst and Palatine roads.

The suit claims the city had given the project preliminary approval earlier in the year, contingent upon the developers following through with various procedures, said Glenn C. Sechen, who is representing the developers.

The developers did that, but then were denied final approval, Sechen said. The developers are looking for a reversal of the decision and monetary damages, he said.

"It's just important that … the government be trustworthy," Sechen said. "Essentially the city hasn't been."

While the project received an affirmative vote of 3-2 from the city council in November, it needed a super majority of at least four votes because some residents had formally petitioned against the proposal earlier this year, city officials said.

Acting Mayor Pat Ludvigsen said the project had received preliminary approval from the council in the spring by a 4-1 vote, but it was up for final approval this time, with a different board presiding.

An intervening election in April changed the make up of the board. The two "no" votes in November were from the recently elected aldermen.

Alderman Richard G. Hamen has declined to comment on his vote due to pending litigation.

Alderman Dolly Vole has said the city's comprehensive plan for the area called for single-family homes and that's what she prefers at that site. Also, the residents' petition against the development was another factor in her decision, she said.

"This is not what the residents of Ward 3 wanted," said Vole, who represents that ward.