West Dundee residents sue village over Wal-Mart

Residents opposing a Wal-Mart Supercenter in West Dundee are taking their fight to court.

A complaint filed Friday in Kane County Circuit Court claims the village board erroneously granted the world's largest retailer a special use permit for a site at Huntley Road and Elm Avenue.

The complaint also names Wal-Mart, site owner General Growth Properties and neighboring Spring Hill Mall.

Kristin Geati, one of eight plaintiffs named in the suit, said the site should not have remained zoned for a regional business district when Meijer pulled out of a deal to build a store in 2000. The suit states that according to village code, the 30-acre site on the outskirts of Spring Hill Mall should have returned to its previous residential zoning six months after Meijer forfeited.

"We are citing the village for failing to follow its own ordinances and ignoring most of their ordinances," Geati said. "The zoning is not correct and it does not meet the requirements for a special use."

The group's attorney, Robert Gildo, tried a similar tact to oppose the village board's approval of zoning variances in June.

At that time, West Dundee attorney John Brechin said the ordinance was legally ineffective and contradicts state statute.

Wal-Mart plans to build a 186,000 square-foot Supercenter that would include groceries and general merchandise, as well as a drive-through pharmacy and garden center.

Opponents say the development does not fit the surrounding area.

"Putting a 24-hour development this size up against homes is irresponsible," said Julie Reed, one of the complainants, in a release. "The process was fraught with problems and we think that the board decided wrongly."

Village Manager Joe Cavallaro said he had not seen the complaint and that as of Monday, the village had not been served with documents.

"It is unfortunate because a vast majority of residents of West Dundee understand the benefits of commercial development and reducing their tax burden," Cavallaro said. "These residents bought homes knowing that Spring Hill Mall was in their backyard and have their own self-serving interests that they are trying to protect, not the community's best interest."

John Bisio, Wal-Mart's Midwest region Director of Public Affairs, said the company has worked diligently with the village to address resident concerns.

"It is our hope that we can demonstrate that we are good corporate citizens and good neighbors," Bisio said.