Developer sues Algonquin over subdivision denial

A Florida-based developer is suing the village of Algonquin and more than a dozen of its officials to overturn the rejection of its plans to build a new subdivision.

The A.K. Group claims in court papers filed this week that the village was "arbitrary, capricious and unreasonable" in denying its proposal to build 17 homes on a 12-acre parcel along the east side of the Fox River.

The suit, brought in McHenry County Circuit Court, asks a judge to overturn the village board's March 3 denial of the Riverwoods on the Fox subdivision or order the village to pay the company a fair price for the property.

Village President John Schmitt said Wednesday that officials rejected the proposal because it deviated from the town's subdivision ordinance in more than 50 ways, including some he labeled "major problems."

"They came to the board with a plan that was not within our subdivision ordinance and weren't willing to discuss it," he said. "They just said take it or leave it. We decided to leave it."

According to the suit, the A.K. Group wants to build on property in the 1800 block of North River Road. Its plan called for 17 homes on lots averaging more than 20,000 square feet, well above the minimum required by the land's zoning, the suit states.

"The development of the property under the standards established in the plan will not pose any threat or danger to the surrounding community," according to the suit.

Schmitt, who is named as a defendant, disputed that claim.

Among the problems with the plan, he said, was an entry road about twice as steep as allowed by code, the developer's refusal to plug into the village's water and sewer system and the increase in traffic it would cause at the crowded intersection of Algonquin and River roads.

"That's already a difficult intersection, and in the afternoon it's downright dangerous," he said. "Putting 17 more homes nearby is beyond any reasonable request."

The suit is scheduled to make its first court appearance Aug. 4.