Villa Olivia win for Bartlett

Back when he lived in Chicago, Thomas Haltiwanger says he couldn't stretch out an arm without hitting one of his neighbors.

He never expected to face the same problem in Bartlett when he moved into a house backing up to the Villa Olivia golf course 12 years ago.

Thanks to a recent court decision, Haltiwanger's view of the 17th green will remain unchanged -- for now, at least.

A Cook County circuit court judge has upheld a 1987 protective covenant that guarantees the golf course land will remain recreational or open space until 2022.

"This is a huge win for Bartlett and its residents," Village Attorney Brian Mraz said.

Villa Olivia's owners sued Bartlett in 2005, challenging its unanimous decision against removing the covenant.

The Corrado family had a tentative deal to sell the golf course for $19 million to Ryland Homes, which seeks to build 96 houses, 279 townhouses and possibly a restaurant, banquet hall, bank, drugstore and other businesses.

"These people bought land here under the promise it would remain open space or a golf course, and all of a sudden they throw that by the wayside and want put up hundreds of homes," said Andrea Evensen, who lives on the Elgin side of Villa Olivia in the Castle Creek subdivision.

"It's completely unreasonable," she said.

Villa Olivia owners maintain the golf course has been unprofitable for years, in part because of more competition. They argue current economic conditions are different from conditions when they agreed to the covenant, which was a compromise by both sides.

At the time, Bartlett allowed development of 1,875 homes near the golf course, and with smaller backyards than usually required, in exchange for keeping the land recreational space for 35 years.

The judge's ruling still leaves the door open for Villa Olivia to disconnect about 117 acres from within Bartlett's borders.

The hot-button issue arose again last fall when Elgin's planning commission held a series of hearings to consider annexing the land, should Villa Olivia win its suit.

More than 100 upset neighbors attended, concerned about the development's impact on their property values and quality of life.

Bartlett officials joined in, passing a resolution asking Elgin to suspend the hearings until the legal dispute was settled. Mraz called the hearings a waste of time, effort and money for both municipalities.

The Elgin panel ended up rejecting both the residential and commercial components of the development.

Regardless of the ultimate owner, the covenant is bound to the land, and no development will be allowed until it expires or is overturned.

Still, Bartlett might appeal the ruling allowing Villa Olivia to pursue disconnection.

"Come 2022, when the covenant is up, the village would prefer to have control over any development that occurs," Mraz said.

He also said he's under the impression attorneys representing Villa Olivia and Ryland Homes will appeal the recent ruling. An appeal would have to be filed by early March.

Villa Olivia owner Dan Corrado deferred questions to attorney Stewart Diamond, who believes Bartlett's conclusions are premature.

Diamond declined further comment but said the big news will come Feb. 6 when he will present an order for the judge's review.

Land: Course owners may appeal decision