Judge allows Vernon Hills residents to continue fight against Menards
Both sides are claiming partial victory after a Lake County judge threw out one count, but allowed two others to remain, of a lawsuit Vernon Hills residents filed against the village and Menards asking a court to block construction of a huge home improvement store on Milwaukee Avenue.
The ruling by Lake County Associate Judge Luis A. Berrones means the legal fight between the village and residents of the Gregg's Landing subdivision will continue on a path toward trial.
“That's fantastic news for us,” said David Oppenheim, the organizer of Build Something Special Ltd., a property owners group formed to oppose the store last year. “The fact that Count 1 survived makes our case very strong.”
That count alleges that covenants enacted when the proposed Menards site was annexed into the village in 1988 restrict the use to office, hotel and retail commercial.
“What we are claiming in the lawsuit is that Menards includes a warehouse use, and that violates the covenants,” said the residents' attorney, Joe Morrison.
The suit also claims the village acted arbitrarily in passing an ordinance that allows the Menards development.
The village has countered that residents were not party to the covenants and, as a result, have no legal standing to bring suit.
Village officials said they're pleased Berrones threw out a portion of the suit seeking damages and legal fees for the residents.
“I was pleased there won't be a reward for these folks,” said Trustee Jim Schultz. “If they want to pursue what I believe is a frivolous case with no merit, go ahead.”
The village board last July approved a two-story, 286,986-square-foot Menards store, lumber yard and garden center on the corner of Milwaukee Avenue and Gregg's Parkway.
“We're confident our interpretations of the covenants and the zoning ordinance are correct and are within our jurisdiction as a municipality,” Village Manager John Kalmar said.
Opponents say the Menards store is not a permitted retail use at that location, and the relative community gain is small compared to the impact on homeowners.
“This is not the type of development we believe is appropriate for the community and the entrance to the neighborhood,” Oppenheim said.
Oppenheim said 85 members of Build Something Special have contributed to the legal fund, but now that the case has been given the judicial green light to proceed, many more have promised to help. He said $15,000 was raised last August, the first week after the group was formed.
In the meantime, site work continues at Milwaukee Avenue and Gregg's Parkway, but village permit applications for foundations, the building and other construction work are still being reviewed and have not been issued.
Kalmar said landscape screening of homes to the west is nearly complete, and is a sign of good faith by Menards.
The next court date for the case is July 31.