Lisle man files legal challenge to block Navistar move

A Lisle resident opposed to Navistar's proposal to move its international headquarters to his hometown is asking a judge to restart the public hearing process.

Resident Brian McClure is arguing the hearing process, already in its second incarnation, is flawed this time because the village isn't following state-mandated procedures.

In a lawsuit filed Friday, McClure contends the village violated state law by naming retired Appellate Court Judge Thomas Homer to preside over the hearing, but gave him no authority to recommend approval or denial of Navistar's petition.

McClure's attorney, Tim Whelan, said the village should have either kept its planning and zoning commission in charge of the proceedings or let Homer take over completely. State law doesn't allow non-home rule communities like Lisle to mix and match the rules governing administration of such hearings, Whelan said. Initial arguments will be heard in front of DuPage County Judge Bonnie Wheaton today.

Navistar officials offered no comment about the lawsuit. Meanwhile, Lisle Mayor Joe Broda said the village's attorney had recommended adding Homer as a moderator for the hearings after a contentious series of meetings during Navistar's initial appearance before the commission late last year. He admitted the situation of adding Homer was unique.

"We have never done something like this before," Broda said. "We wanted to treat it like a trial and have someone keep the order and keep things flowing through the process."

Navistar is seeking approval of its design plans for the former Alcatel-Lucent building at 2600 Warrenville Road. The commission is only a recommending body to the village board, which is ultimately responsible for approving the engine and truck manufacturing giant's move from neighboring Warrenville. The company's initial proposal to move called for a massive testing facility to be built at the site. After neighbors complained about those plans, the company submitted new plans with a scaled-down testing facility.

McClure also named other opposing residents in his suit, but Whelan said that is a procedural move to keep other interested parties involved in the process. One group opposing the move is Citizens for Healthy Development. The group's attorney Mark Daniel said there's no precedence for a village to handle public hearings like this. Whelan said he expects Daniel's support in the fight to start the hearings over.

"I have handled zoning cases for over 20 years and I cannot remember any instance where a village has developed this route," Daniel said. "But it doesn't appear a court has reviewed the particular provision of the statute that (McClure) is relying on in the suit."