A Cook County judge Thursday refused to dismiss a second petition filed by the Park District of La Grange seeking court approval to sell 2.82 acres of Gordon Park to developer Atlantic Realty Partners (ARP).
Circuit Court Judge Susan Fox Gillis denied a motion filed by a group of residents, La Grange Friends of the Park, who oppose the sale of the parkland.
The group's attorney, Joan Johnson, argued that the petition was nearly identical to a petition presented by the park district in 2007 that was dismissed by Gillis in June of last year.
In that earlier petition, the park district sought to sell the same 2.82 acres to ARP for inclusion in the redevelopment of the former Rich Port YMCA parcel, a mixed residential and commercial project known as La Grange Place.
However, Gillis in that case ruled that the legal description in the sales contract and a related title insurance policy included an adjoining vacated portion of Shawmut Ave, thereby bringing the total amount of land involved to 3.5 acres, exceeding the three-acre maximum the court can directly approve under state law.
Gillis Thursday, however, agreed with John Shapiro, an attorney for the park district, who argued that the current petition represents "a new and distinct deal" to sell the same 2.82 acres.
Shapiro said the vacated portion of Shawmut Ave, which had been "unwittingly" included in the 2007 legal description, no longer was at issue because the park district subsequently gave that land to the Village of La Grange in exchange for two village-owned parcels, consisting mainly of parking spaces for motorists, that abut Gordon Park.
Shapiro also noted that Mark Daniel, the attorney who represented resident Orlando Coryell in successfully blocking the earlier petition, had said in court at the time that the park district likely could resubmit its petition if the reference to vacated Shawmut Ave was removed from the contract's legal description.
"I thought that Daniels words might come back to haunt us," Mark Wohlberg, who is representing Coryell in a separate but related lawsuit opposing the park district's concurrent attempt to sell the 2.82 acres via a voter referendum and public auction, told the court.
Wohlberg and Tom Beyer, another attorney representing Coryell in his lawsuit, both filed appearances with Gillis' court, effectively joining Johnson as co-counsels representing the La Grange Friends of the Park. Coryell, however, is not a member of that group nor a party in the hearing of the current petition.
Shapiro is a partner with the law firm of Freeborn Peters, which has joined Ancel Glink, the park district's corporate counsel, in arguing the latest petition before Gillis.
The proliferation of attorneys joining the case, six of whom were present Thursday, prompted Gillis to quip, "We're going to have more lawyers here than the park district has residents."
Two residents representing the La Grange Friends of the Park, Kevin Shields and Harlan Hirt, were in court Thursday. When Shapiro said that he was unable to verify that the authenticity or standing of the group through a web search on the Internet, Gillis asked both Shields and Hirt to approach the bench and swear under oath that they were residents of the park district and indeed opposed the sale of the parkland. Both men did, apparently satisfying Shapiro's concerns.
After the hearing, Shields produced a list of 18 residents whom he said had signed the group's charter document. He also said the group was seeking to enlist more residents.
Gillis in court commended all the residents for coming forth to have their concerns heard.
While many residents have joined together in opposing the petition, their individual objections may vary, Gillis said. She said she would hear without bias both the petitioners and all objectors, noting that her denial of Johnson's motion should not be construed as suggesting what her ultimate ruling on the case might be.
Her action Thursday dealt with "a procedural issue that does not address the merits of the case in any way," Gillis said.
She also expressed hope of reaching a settlement agreement between all parties that would avoid a lengthy and costly trial.
"I would very much like to pre-try this case and see if we can come up with some sort of settlement," Gillis said. "But if not, let's forge ahead."
She scheduled the next status hearing for Sept. 14 at 2:15 p.m. in Rm. 1704 of the Daley Center courthouse in downtown Chicago.
Attorneys for the La Grange Friends of the Park are expected to have submitted their full objections in writing to the court before then.