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Town Center gets OK in Mundelein

Although the matter is still tied up in court, a controversial plan for a new shopping center in Mundelein received final approval from the village board Monday night.

Months of board discussions and a series of preliminary votes culminated with two 4-1 decisions that allow the Rubloff Development Group's Mundelein Town Center proposal to proceed on Route 60 north of Route 176.

A Wal-Mart Supercenter, an Office Max, a Menards and about 50 other stores and restaurants are planned for the 600,000-square-foot center.

As has been the case on previous votes, Terri Voss was the only trustee who voted against the final plan for the development and the final subdivision plan. Trustees Ed Sullivan, Jim Nutschnig, Ray Semple and Chip Cancelli favored the proposals, while Trustee Jay Schedler was absent.

Voss has publicly sparred with other trustees, particularly Sullivan, over the plan.

The proposal has been criticized by residents of the Ivanhoe neighborhood, a collection of upscale homes in an area of unincorporated Lake County abutting the proposed shopping center site. They've complained about the proposed aesthetics of the development and the quality of some stores, particularly the Wal-Mart.

They've also sued various village officials over the plan, alleging objectors were not properly able to cross-examine witnesses, present evidence or offer rebuttals during plan commission discussions held in May 2007.

Unlike previous board meetings featuring Town Center discussions, few of the critics were in the audience Monday and none rose to object to the proposal.

Before the board voted, Voss proposed an amendment that would allow the village to order the demolition of any large store in the center that remains vacant for a long period of time. She had few specifics, however.

Sullivan and Mayor Kenneth H. Kessler opposed the concept and it never was voted upon.

"Just because (a building) is vacant doesn't mean we can go in and bulldoze the place," Kessler said.

Village attorney Charles Marino questioned the constitutionality of such a regulation, too.

After the board's vote, Rubloff attorney Chuck Byrum said he was pleased with the panel's decision and added that he expects to win the lawsuit.

Byrum declined to comment on the lawsuit or to say whether construction will be delayed until after the legal battle is settled.

Joe Schwan, an Ivanhoe resident who's been one of the most outspoken critics of the proposal, said Thursday he's surprised village officials didn't mention the lawsuit before voting.

A trial date has been set for Dec. 8 in Lake County circuit court, officials said.

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