Arlington Hts. sues Arlington Market developers
Arlington Heights officials have filed a lawsuit against the developers of Arlington Market to force them to clean up the site at Dryden Avenue and Kensington Drive.
"It's a war zone," said Trustee Tom Stengren, who lives near the 14.6-acre site. "There are concrete blocks and debris all over the place, not to mention, who knows if there are animals on the site. It's disappointing and unfair to the community."
The developer, Mark Elliott of Elliott Homebuilders, didn't return phone calls on Wednesday.
"The developer hasn't been responsive," said Village President Arlene Mulder. "We had to take the next step."
Village Prosecutor Ernie Blomquist said he's heard Elliott was trying to sell the property.
"It's a prime piece of real estate but, with this economy, who knows what will happen," Blomquist said. "That's not our problem. We have to help ourselves."
The project was proposed in 2003 and finally approved in August 2006 at a village board meeting that more than 100 residents attended and which lasted until midnight. The plan was supposed to include 112 condos, 54 townhouses and 42,000 square feet of retail space. For the retail portion, Elliott re-signed leases with Eros Restaurant, Subway restaurant, Signature Cleaners and Ben Franklin Bank, which are on the site.
After it was approved, the developer said it would take three years to build. The 2,000 square-foot condos would cost about $550,000.
Elliott followed through on the first phase by demolishing most of the old shopping mall in 2007, but not much else. The project appeared to be in trouble early this year when construction stopped and the developer failed to pick up building permits.
On Jan. 10, the village sent a certified letter to Elliott asking them to clean up the site and pay outstanding fees. Elliott owed $33,000 for water meter and water connection fees and another $800 for plan reviews.
"Be advised that this construction site must continue to be secured from any unlawful entry at all times," the letter said. "Any breach with fencing in violation of the village code must be corrected immediately. Failure to correct any site deficiencies shall be deemed a violation of the village code."
Talks with the developer since then have failed. Mulder said she couldn't remember the last time village officials actually spoke with Elliott.
"Numerous attempts by village officials to work with the owners of the site to improve the condition of the property have failed," according to a village media release.
Village officials want to inspect the site, fence in the property, remove any junk or dangerous items and pass on any cleanup costs to the developer. Officials also want to fine the developer for every day the site is not up to code.
The first court date is June 11 in the Rolling Meadows courthouse. The court process could take "months and months," Blomquist said.