Hoffman Estates hires attorney to pursue legal claim to undeveloped 20-acre site

Hoffman Estates trustees have hired an attorney to pursue what they believe is their legal right to 20 acres in the western part of the village promised by a 1999 annexation agreement.

That claim is being disputed by the Northern Illinois University Foundation, which holds the deed on the undeveloped land northeast of the intersection of Beacon Pointe and Essex drives, just west of Beverly Road and south of Interstate 90.

Hoffman Estates Corporation Counsel Art Janura told the village board Monday that the annexation agreements that created the University Place and Laufenberger subdivisions originally donated land for the creation of a Northern Illinois University branch campus intended for the benefit of village residents.

If the campus were not built within 10 years, the agreements state, the land would go to the village.

Though a 2005 amendment swapped the originally donated land for other property within the annexation, Janura said he doesn't believe the commitment to give it to the village ever changed.

Hoffman Estates Trustee Gary Pilafas asked for an explanation of the opposing position, which was taken up by Vince Cainkar, the Burbank-based attorney the board later hired for the case.

"There is no language in the document which says the covenant no longer applies," Cainkar said. "However, they (the NIU Foundation) believe that it's understood that it doesn't apply, for lack of a better term."

The village board has not addressed how the land might be used if it were acquired by Hoffman Estates. Mayor Bill McLeod said that conversation likely would be held later.

Cainkar added that the case would be based largely on a judge's legal interpretation of existing documents rather than the testimony of witnesses and depositions.

"I'm always afraid of saying it's not going to be a long, drawn-out affair, but it shouldn't be a long, drawn-out affair because it's just legal documents we're talking about," he said. "I think the village has a good chance on this case."