Libertyville still hungry for upscale grocery store

Lack of progress on an upscale grocery store proposed more than two years ago has vexed Libertyville officials, but they're still hopeful investors can make the project work.

The deadline for a new owner to have completed the shell of the structure at 1600 S. Milwaukee Ave., passed this week with no change whatsoever.

"We're willing to give them a little more time," Mayor Terry Weppler said.

The partially completed framing of a building on the site of the former Frank's Nursery and Crafts remains untouched, as it has been for more than 16 months.

"We're all frustrated by how long it's been taking," Village Administrator Kevin Bowens said.

Work began on what then was called Fresh Foods about two years ago.

The concept patterned after Texas-based Central Market, which offers a blend of natural, gourmet and organic foods, as well as other unique amenities, was embraced by village officials.

A building permit for the $10 million project was issued March 1, 2007, but it ground to a halt leaving an eyesore on the village's southern entry.

The village sued developer Dean Theo demanding demolition of the structure. A group of Michigan investors surfaced with plans to complete the project, but said the village's lawsuit stood in the way of financing.

Early this year, the village approved an agreement to drop the suit against Theo.

In return, Theo would pay the village legal fees of nearly $27,000. The new owner, DJB Venture LLC, would provide $15,000 for any additional legal fees and at the time of closing would deposit $100,000 in an escrow account. That money could be used by the village to clear the site if need be.

While the deal is done and financing said to be secured, DJB has not received its loan and the village has not received any money.

A representative for DJB said they hope to secure the funding soon but declined to discuss details.

Meanwhile, the village is proceeding with the original lawsuit. A trial date has been set for November but could be accelerated.

Whether the village is willing to spend the money to continue that fight, and how long it will wait to decide, is uncertain.

The matter had been on hold pending the outcome of the municipal election. With four new members, including Weppler, the board essentially is reconstituted.

"The village has been incredibly patient," said Village Attorney David Pardys. "We want to give the (new) board the opportunity to assess it."

DJB had secured a building permit but it has lapsed, Bowens said.

Weppler said the village has "no reason not to believe" funding will be forthcoming and is willing to wait awhile longer before taking any action.

The agreement includes a provision that allows for a delay because of unforeseeable circumstances.

"I think they would have done very well," had construction continued, Bowens said. "We'll see what happens."