Navistar battle prompts rules changes in Lisle

Less than a year after a flurry of subpoenas from opponents nearly derailed Navistar’s move to Lisle, village officials are taking steps to prevent a similar situation from happening again.

But critics say that a decision to modify public hearing procedures for zoning cases will “remove a citizen’s right to due process and equal protection under the law.”

“I am absolutely in shock that our own small village of Lisle would actively seek to remove citizens’ rights,” said MaryLynn Zajdel, one of the founders of the group that opposed Navistar.

On Wednesday night, Zajdel wasn’t allowed to speak to the planning and zoning commission before it unanimously approved a list of revisions to its public hearing process. Village officials insist the changes are needed to ensure that future zoning hearings are “fair and thorough” and don’t get out of the control.

“Nobody is trying to take anybody’s rights away,” Mayor Joe Broda said before Wednesday’s meeting. “We’re just trying to put some rules and procedures in place.”

Broda said the revisions were inspired by the marathon public hearings that happened when Navistar submitted plans to move its headquarters to Lisle.

At one point, Navistar withdrew from a zoning hearing over complaints about the process allowing opponents to subpoena company officials to testify.

The company eventually decided to proceed with the relocation after state officials intervened and negotiated a settlement between Navistar and its foes.

“There’s got to be some restrictions in place for the future so it (a public hearing) doesn’t get out of control,” Broda said.

However, Zajdel says some of the changes go too far.

For example, residents who don’t live with in 250 feet of a proposed development must register a week in advance — and get permission from the zoning board chairman — if they want to cross examine witnesses during a hearing. In addition, anyone seeking to subpoena a witness must meet certain requirements.

Zajdel said those rules are unfair. “It shouldn’t be put in the hands of one appointed official to determine who has the right to fully participate in a public hearing,” she said.

Meanwhile, Zajdel and others are concerned about the possibility of similar rules applying to municipalities and counties throughout the state.

State Rep. Darlene Senger of Naperville is sponsoring a measure that would prevent residents from being considered an “interested party” during a zoning hearing unless they’re required to be notified by mail of the hearing. It also includes criteria for when a subpoena could be issued.

Senger said one of the goals is make sure subpoenas are used to gather information “pertinent to the zoning change at hand.”

“What happened with Navistar was that they were subpoenaing everyone,” Senger said. “That would have delayed the project for two years.”

But the way Zajdel sees it, existing state laws paved the way for the eventual compromise.

“The process that was in place and the laws right now, they worked perfectly,” she said. “We got a project that everybody was happy with.”