Libertyville loses appeal regarding proposed Oak Trails subdivision
Libertyville has been dealt another loss in the case involving a proposed residential development on property west of Butterfield Road owned by the Archdiocese of Chicago.
In the order issued Tuesday, the 2nd District Appellate Court upheld a lower-court ruling that overturned the village's original denial of the 148-house subdivision proposed by Roanoke Group LLC.
The three-judge appellate court panel, in part, found Libertyville's argument was a "transparent attempt to manufacture a new defense on appeal that is inconsistent with what it argued at trial."
During the 2019 trial in Lake County circuit court, the village argued that an "F" rating for left turns onto Butterfield Road from the development during peak hours was sufficient justification to deny the proposed project.
There was evidence at that trial, the appellate panel found, that the rating did not mean the proposed intersection was unsafe.
Roanoke had a contract to buy 40 acres of long vacant land from the Archdiocese for $15 million, contingent on approvals for rezoning and a development plan for the Oak Trails subdivision.
In March 2017, the village board voted 6-0 against several measures that would have allowed the plan to proceed.
The Archdiocese sued and in February 2019, Judge Michael J. Fusz said the village's denials were "unreasonable and arbitrary."
Lawyers for both sides on Jan. 29 argued the case before a three-judge appellate panel in Elgin.