Suit against West Dundee, Wal-Mart dismissed

A Kane County judge granted a motion to dismiss a lawsuit against the village of West Dundee over a proposed Wal-Mart Supercenter planned for the outskirts of Spring Hill Mall.

Judge Michael Colwell ruled in favor of the village on Tuesday, and a written opinion is expected in the next few days, West Dundee Village Manager Joe Cavallaro said.

Residents had filed a lawsuit claiming the village board failed to comply with zoning ordinances when it approved variations for a 186,000-square-foot store on the corner of Huntley Road and Elm Avenue. The suit also named Wal-Mart and the site's owner, General Growth properties - which also owns the mall - as defendants.

"Based on recent events, the judgment validates the decisions made by the village board regarding commercial development in and around Spring Hill Mall," Cavallaro said.

Two plaintiffs in the case, Lisa Geisler and Steve Geati, were also candidates for village trustee in last week's consolidated election. Both failed to win a seat on the village board.

Geisler said the group had not yet decided whether to appeal.

"We are disappointed in the judge's decision, but we have not seen the written ruling," Geisler said in an e-mail Tuesday. "We will look at all of our options and exhaust them once we see the ruling."

The plaintiffs have 30 days to lodge an appeal.

In the suit, residents claimed the 30-acre site returned to residential zoning after Meijer pulled out of developing a store on the site in 2000.

However, village attorney John Brechin said zoning cannot automatically revert without a public hearing.