Dog park issue could be headed to court

A Kane County Forest Preserve Commission committee recommended going to court to resolve the use of the Schweitzer Woods dog park on Friday.

Park supporters agreed to a compromise and will stop pushing to reopen the park until those proceedings.

"We need to bring this to a resolution, and this is the only way I see to do it," said John Fahy, a West Dundee Republican.

Residents and forest preserve officials have long disagreed on the use of the Dundee Township property. In Emily Schweitzer's will deeding the area to the district, it says dogs should not be allowed off-leash from April to October.

Schweitzer's lawyer, sister and friends have maintained that the directive did not apply to a 5-acre fenced-in dog run that she had for her own Irish setters.

Without going through those proceedings, the forest preserve could open itself up to potential donors or sellers thinking it was not following the former owner's wishes, said Kane County Forest Preserve President John Hoscheit.

In court proceedings, the district would ask a judge to interpret the will's intent. Hoscheit said he hoped the issue could get before a judge within three to four months.

The issue passed by a vote of 7-3. Those who voted against the plan said there were other areas that could be used for a dog park without legal restrictions.

The forest preserve commission's executive committee passed the plan and it now goes to the full commission for approval.