Matters continue in Willow-Pfingsten, 1850 Glenview Road cases
Challenges to procedural due process were a common denominator in two lawsuits against the Village of Glenview that have seen recent activity.
Circuit Court Judge Michael Mullen on Sept. 9 was presented with motions from both sides requesting a summary judgment in the case of Carol Sullivan, et al, vs. Village of Glenview, pertaining to the former Hart Estate at Willow and Pfingsten roads.
In September 2019 neighbors of the property sued the village, alleging there was no proper legal notice of a 1988 zoning change from residential to a local business district for the 8.55-acre plot, and that the change was prohibited contract zoning.
The property had been sought, and eventually purchased, by GW Properties to develop the Willows Crossing Shopping Center, which would include a 35,000-square-foot grocery store, three multi-tenant buildings and 2.35 acres maintained as stormwater retention.
The circuit court dismissed the suit in December 2019 but, in November 2020, an appeals court overturned the decision and sent it back to the lower court.
Given the appellate court's decision, Glenview moved the property's zoning back to residential -- which in January spurred GW Properties to request a further zoning change. Subsequent decisions this spring, first by the Glenview Plan Commission and then the board of trustees, to deny GW Properties' zoning request and its site plan spurred GW Properties to sue the village.
With the plaintiffs' and village's desire for a summary judgment denied Sept. 9, the judge told both parties to discuss whether there should be another hearing regarding proper publication of public notice or if the case should go to trial, according to Sullivan counsel Brendan Appel.
Since not all doubt was eliminated based on evidence presented, the hearing would benefit the judge's decision whether to grant a summary judgment, Appel said.
The next status hearing in Sullivan vs. Glenview is slated for 10:30 a.m. Sept. 28.
Matters continued Sept. 10 in the case of Station Place Townhouse Condominium Association, et al, vs. The Village of Glenview, concerning the former Bess Hardware property at 1850 Glenview Road.
An appeal was filed with the clerk of the circuit court following the final order issued by Judge Alison Conlon on Aug. 12.
In legal action dating to July 2020, a group of neighbors filed suit based on five counts pertaining to sale of surplus real estate, proper legal notice, procedural due process in zoning decisions and violations of the Open Meetings Act.
Approved by the village board in March 2020, the Drake Group seeks to construct a 68-unit, mixed-use commercial and multifamily residential development on the plot bordered by Glenview Road, Pine and Depot streets.
The group of neighbors believed there was a lack of proper notice of a zoning hearing.
In January, three of the counts were dismissed. In August, the other two were dismissed.
The Station Place plaintiffs must file a brief overview of the case being appealed within 14 days of the Notice of Appeal date, on Sept. 10. The clerk of the circuit court must file a record within 60 days.