Coryell files amended complaint, adds ARP to lawsuit

Attorneys for La Grange resident Orlando Coryell this morning filed an amended complaint in a lawsuit that seeks to prevent the Park District of La Grange from selling 2.82 acres of Gordon Park to developer Atlantic Realty Partners (ARP).

Also, a motion to add ARP as a defendant  in the lawsuit was granted by Cook County Circuit Court Judge Leroy Martin Jr., who is hearing the case.

In the 37-page revised complaint, Tom Beyer and Mark Wohlberg introduced two new counts, and attempted to strengthen arguments on three counts that initially were dismissed without prejudice by Cook County Circuit Court Judge Leroy Martin Jr.

One other count from the original complaint that was not dismissed by the judge also is included.

The first new charge, listed as Count V, argues that sale of the park land is "unconstitutional as it violates Article VIII, Section 1a of the Illinois Constitution, which holds that 'Public ... property ... shall only be used for a public purpose.'"  Wohlberg said the section is commonly referred to as the Public Purpose Doctrine.

 The other new charge, Count VI, contends the statutory scheme for selling parkland as contained  in the Park District Code is itself unconstitutional for the same reason.

The three counts are being reargued are:

•  Count II, which alleges that the Park District has no basis for finding that the two parcels it wants to sell are no longer useful as parkland; 
• Count III, which contends that, although the Park District held a public auction at which ARP was the successful bidder,  ARP also was the sole bidder because of actions by the Park District that gave ARP an overwhelming advantage over other potential bidders; and
• Count IV,which maintains the sale violates the Public Trust Doctrine.

Count I, which was not dismissed earlier, alleges that the Park District failed to comply with statutory requirements in conducting a Nov. 4 public referendum in which voters approved the sale by a 55 to 45 percent margin.

ARP was added as a defendant because its successful bid for the property, which was formally accepted by park commissioners Jan. 15, gives the developer a direct interest in the outcome of the lawsuit, Beyer said.

"They not only should be included, they have a right to be included," Beyer said.

Rob Bush, attorney for the Park District, said he would not object to inclduing ARP. He declined comment this morning on the amended complaint as he had not yet received a copy.

Judge Martin scheduled the next status hearing on the case for Feb. 3 at 9:30 a.m.

Comments

[Concerned La Grange Resident]

When is this guy going stop with the BS?????!!! The land sale went to a public vote and the sale got approved by the residents of the Village of La Grange!!!! Orlando you have nothing else to do in your life, stop preventing progress and economic growth in our Village!!!! Just because you don't like it, it doesn't matter!!!! The citizens of La Grange, voted on this matter and the sale was approved!!! This means that the public approved the sale of public land!!!!!!!!!!!!!!!!!!!!!!!!!!!

[Move forward for LaGrange]

Orlando, get a life. Do you realize that you are wasting taxpayers $ on the legal fees. Money that should be used on parks and OUR CHILDREN is being used to buy Mr. Bush some new suits by way of his legal fees. Your lawyers have to have something better to do or maybe not? Sad state of affairs if you are their best client!