Appeal filed in lawsuit over Elgin Tower redevelopment
The owner of the now-shuttered Gasthaus bar in downtown Elgin has appealed a judge's decision to dismiss a lawsuit trying to stop the redevelopment of the iconic Elgin Tower with apartments.
Charles Muscarello, attorney for Gasthaus Zur Linde, 15 N. Grove Ave., filed a notice of appeal on Friday in Kane County, court records show.
Muscarello unsuccessfully argued earlier this month that the city's plan to give a developer some $4.7 million in assistance from a special taxing district to help add 45 apartments to the 15-story building was "arbitrary," "capricious" and basically rammed through by the city.
Muscarello also argued the plan would result in a loss of 55 "public" parking spaces that would be leased to tenants.
Judge Thomas Mueller disagreed, saying the city had power under state law and its own Home Rule authority to foster the redevelopment plan by Richard Souyoul.
Souyoul, owner of Souyoul Properties, has said he hopes to begin work as soon as possible.
The matter will now go to a three-judge panel, which may hear oral arguments from both sides or choose to make a ruling on the case based on previous court decisions.
Muscarello did not return a phone message Monday.