Attorneys for the Park District of La Grange Monday told Cook County Circuit Court Judge Susan Fox Gillis they did not believe a settlement likely would be reached with a residents group that opposes the sale of 2.82 acres of Gordon Park and asked the judge to proceed with plans for a hearing on the Park District's petition to the land to developer Atlantic Realty Partners (ARP).
The request surprised attorneys for the residents group, La Grange Friends of the Park LGFP, who said the Park District had not responded to a written settlement proposal they gave to its attorneys two weeks ago.
John Shapiro, an attorney for the Park District, also asked Gillis to deny requests for discovery under which the Park District would have to provide LGPF attorneys with documents and testimony related to the determination made by park commissioners that the parkland it wants to sell is no longer needed or useful for park purposes.
Tom Beyer, an attorney for LGFP, called Shapiro's position absurd. How could Judge Gillis make an informed and competent ruling based on a finding of fact if certain relevant facts could not be obtained and presented, he asked.
Shapiro told the judge he based his argument on an interpretation of a statute in the Park District Code governing a petition sale involving fewer than three acres of parkland, as is the case at hand. He said the language in the statute requires only that the judge consider the petition and listen to objectors before making a ruling in the public interest. Court rules that apply in the case of a standard lawsuit, which allow for discovery and expert testimony, do not apply in such a hearing, Shapiro argued.
Beyer responded that civil procedures should not be waived in any hearing. If the Park District claims that the parkland it wants to sell is a magnet for drug activity, and the objectors claim it is not, expert testimony from the chief of police is necessary to determine the facts, Beyer argued.
Gillis said she wanted to give the matter further consideration and directed attorneys for each side to submit written briefs within two weeks detailing their positions. She said she would hold a hearing specific to the court procedures on Nov. 19.
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