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Reevaluation of Shawmut Ave extension needed for downsized ARP project proposal, Asperger says

La Grange village officials would have to see a revised site plan before they could determine whether an extension of Shawmut Ave is still needed for the significantly downsized redevelopment of the former Rich Port YMCA parcel proposed last month by Atlantic Realty Partners, Village President Liz Asperger said at Monday night's regular meeting of the village board.

"I think you are quite accurate in stating that it is not appropriate for the village to have a position unless a project is put forward," Asperger said in response to resident Harlan Hirt, who addressed the matter during the portion of Monday's meeting set aside for public comment.

Hirt is one of 20 residents who this past summer formed an association called the La Grange Friends of the Park to oppose the most recent petition effort by the Park District of La Grange to sell two parcels from Gordon Park to ARP for inclusion in its redevelopment of the Y property, a project known as La Grange Place.

In his comments Monday night to the village board, Hirt referred to a story published Monday by La Grange Today, which reported that Cook County Circuit Court Judge Susan Fox Gillis, who is considering the petition, wanted to know the village's position on whether the Shawmut extension was still needed.

Judge Gillis said Friday that knowing the village's intentions for Shawmut Ave would aid her in mediating settlement negotiations between the Park District and the Park Friends. Friday's talks, which lasted more than two hours, deadlocked over the fate of the extension.

The Park Friends are demanding that the Shawmut Ave extension be eliminated. They say that it would destroy three-quarters of an acre of parkland on its own and would provide the Park District with an incentive to attempt to sell at some future date a 2.04-acre parcel north of the vacated roadway.

In settlement negotiations, the Park District has agreed back away from its original plans to sell the north parcel to ARP. In exchange, the Park Friends have withdrawn their objection to the sale of a 0.78-acre parcel south of the vacated roadway, which would allow ARP to square off the northeastern corner of the Y parcel.

However, Park District attorneys Friday told Judge Gillis that extending Shawmut Ave eastward to connect with north-south Locust Ave, which enters Gordon Park from Ogden Ave, is still necessary to provide improved access to the new facilities it hopes to build. Especially important, they said, is access for emergency vehicles.

In any case, the same attorneys contend, the fate of the extension is no longer in the hands of the Park District. Ownership of vacated Shawmut Ave was transferred to the village earlier this year in exchange for a village-owned parking lot along Locust Ave, adjacent to the park.

The swap agreement has a reverter clause that returns ownership of Shawmut Ave to the Park District if the developer has not commenced construction by Dec. 31, an scenario almost certain to transpire. The agreement can be extended but that has not yet occurred.

Park District attorneys also told the judge that village officials had communicated to them strong support for constructing the extension. Asperger's statement that village officials could not make a decision on the extension without seeing a revised site plan from ARP appears to contradict that contention.

ARP President Richard Aaronson has said that the smaller version of La Grange Place likely would not require extending Shawmut Ave, as the 23 townhomes ARP planned to build on the north parcel have been eliminated from its plans. Aaronson said the remaining project, consisting of 236 mid-rise apartments and no more than 18,000 square feet of commercial space likely be serviced by an existing portion of Shawmut Ave, a short stretch that connects the YMCA parking lot to La Grange Rd

Under the terms of ARP's original plan and agreement with the village, the developer agreed to pay for the costs of building the road extension. Aaronson said he has asked the village to reconsider the package of public improvements ARP agreed to fun, including those related to the intersection of La Grange Rd and Ogden Ave.

Before ARP can submit any revised site plan to the village for consideration, it must reach an agreement with the YMCA on new terms for the purchase of the former Rich Port property. A YMCA spokesman announced Dec. 1 that it had rejected a revised offer from ARP on the grounds that it did not provide seed money "substantial" enough to allow the Y to acquire property elsewhere in the area for a new facility.

Watch a video of the comments made Monday night by Asperger and Hirt.

Judge wants to know village's stance on extending Shawmut Ave for downsized Y site development

Is the Village of La Grange really insisting that a roadway be built on a long ago vacated portion of Shawmut Ave that runs through Gordon Park, even though much of the development it was intended to serve likely will not be built?

Judge Susan Fox Gillis wants to know.

The Cook County Circuit Court judge, after mediating two hours of settlement talks Friday afternoon between attorneys for the Park District of La Grange and the La Grange Friends of the Park, concluded that the village's position on the proposed roadway likely would make or break ongoing efforts to negotiate an end to a two-year legal battle over the Park District's attempts to sell 2.82 acres of Gordon Park to developer Atlantic Realty Partners (ARP).

"It would be helpful to know if [the village thinks the roadway extension] is a mandatory element to the project." Judge Gillis said.

Attorneys for the Park District said the road extension would provide direct access from La Grange Rd to the facility improvements the district hopes to make in Gordon Park, and would give fire and  emergency vehicles an alternative to the park's existing entrance on Ogden Ave.

But they told the judge control of the vacated roadway, roughly three-quarters of an acre, was transferred to the village earlier this year when the Park District swapped it for a village-owned parking lot of similar size, located on Locust Ave, adjacent to the park.

Village officials have communicated that they want the roadway built, Rob Bush, the Park District's general counsel said.

Village Manager Bob Pilipiszyn, when informed Friday evening of the judge's interest in the village's position, said one existed but that it would be inappropriate to conduct that dialog through the media. Pilipiszyn said he would contact Park District officials today to determine the best way to respond to Judge Gillis' request.

Park Commissioner Mary Ellen Penicook, who was in attendance at Friday's negotiations, told the judge she would consult with other park officials and ensure that the judge's request was formally conveyed to the village.

Tom Beyer, an attorney for the Park Friends, said later that park officials were likely to have more success in communicating with village officials. An invitation that he extended to Village President Liz Asperger, encouraging her to participate in the settlement talks, was rebuffed, Beyer said.

Beyer told Judge Gillis the Park Friends are adamantly opposed to extending Shawmut Ave because it would be built over what is currently open green space. Unless the village abandons or severely modifies its plans for the extension, "our clients view it as a dealbreaker," he said.

Beyer noted that ARP President Richard Aaronson, who met privately with Judge Gillis last month, said publicly that the roadway extension is no longer needed to service the downsized La Grange Place development his company hopes to build on the former Rich Port YMCA and an adjacent three-quarter acre of parkland.

Under the development plan approved last year by village trustees, ARP would pay the cost of extending Shawmut Ave. But Aaronson also said that he has asked the village to consider renegotiating the package of public improvements ARP agreed to fund before its project was downsized. Among them are improvements to facilitate traffic flow and pedestrian safety at the intersection of La Grange Rd and Ogden Ave.

Aaronson was successful in renegotiating his contract with the Park District, resulting in a $3 million reduction in the purchase price, according to park officials.

But his attempts to rework ARP's contract with the YMCA hit a wall two weeks ago when the Y announced that it was pulling out of the contract and considering alternative proposals for the parcel, saying a reduction in the purchase price proposed by ARP would not provide enough seed money for the Y to purchase land for a new facility elsewhere in the area.

That event prompted Beyer Friday to question whether it was worthwhile to continue with settlement negotiations.

"We have been told that negotiations between them are not dead," Bush replied.

The new contract excludes a second parcel of parkland, consisting of 2.04 acres directly north of the vacated roadway. ARP had plans to build 23 townhomes on the parcel, while reserving roughly half the parcel as open space, a concession the developer made last year in a settlement with objector William Dobias, a resident of the La Grange Tower condominiums, which adjoin the west side of the parcel. Dobias in return dropped his lawsuit against the sale.

Beyer said a guarantee that the entire 2.04 acres be retained as parkland is required before the Park Friends will withdraw their opposition to the sale of the smaller parcel, which is partially occupied by the Park District's former central maintenance garages.

He says the group fears that if Shawmut Ave is extended, it will eventually lead the Park District to attempt a future sale of the parcel to another developer who will not be bound by ARP's agreement to reserve half of it as open space.

"A road to future development" is how one member of the Park Friends, Kevin Shields, characterizes Shawmut Ave.

Park District attorneys said Friday there are no plans to sell the parcel in the near future but said it would be inappropriate to bind future park boards from attempting a sale at some point if a situation merited such action.

A "final" settlement proposal issued a week ago by the Park District guarantees only that no effort will be made to sell the northern parcel while ARP's development is under construction.

Judge Gillis sought to assure the Park Friends that any attempt by the Park District to sell the second parcel would not be received well by the court, labeling any contemplation of such an effort as "disingenuous."

Regarding the extension of Shawmut Ave, however, Judge Gillis was sympathetic to the concerns expressed by attorneys for the Park District regarding improved access to Gordon Park for fire and emergency vehicles.

"I thought [the Park Friends] didn’t have a real good handle on what could be done with that traffic," the judge said. "I thought they were closed minded to alternatives."

But then she revealed that the group's attorneys had suggested a possible compromise that intrigued her: a "green road," which consists of a reinforced roadbed covered by about eight inches of soil and grass.

Beyer explained that such a roadway would accommodate heavy emergency vehicles such as firetrucks and EMS vans but also preserve the open green space.

"At worst, they would tear up some sod, but that can be easily replaced," he said.

Park District officials Friday offered no formal response to the idea, but did raise concerns about moving pedestrians out of the way of emergency vehicles and plowing snow from the green road during winter.

A status hearing on negotiations was scheduled by Judge Gillis for Dec. 29 at 2:30 p.m. A hearing set for this Thursday was canceled.

Developer provides details of its proposal to settle legal battle over sale of Gordon Park acreage

Atlantic Realty Partners (ARP) would purchase only three-quarters of an acre of land in Gordon Park from the Park District of La Grange and significantly scale back the density of its redevelopment of the former Rich Port YMCA site under a proposal the developer has offered in hopes of ending litigation that has held up the project, known as La Grange Place, for the past two years.

ARP President Richard Aaronson Monday said he was awaiting a response to the proposal from La Grange Friends of the Park (LGFP), a group of park district residents who are opposing the park district’s latest petition asking a Cook County judge to directly approve the sale of 2.82 acres of parkland to the developer.

If ARP and the residents group come to terms on an agreement, Aaronson said he will then meet with park district officials “to convince them that [accepting the compromise] is in their best interest.”

Roughly half of the 20-some LGFP members met Saturday morning to review and discuss ARP’s proposal, and reached a consensus on a response, Tom Beyer, one of three attorneys representing the group, said following the meeting.

Beyer declined to provide details but said he would release a written copy of LGFP’s full response later this week, after all its members have had a chance to review it.

The three-quarter parcel ARP would purchase—.78 acres to be precise—would be used to square off the northeastern corner of the former Y parcel, Aaronson said. The land currently is occupied partially by maintenance sheds no longer needed by the park district.

ARP would forego its original plans to purchase an additional 2.04-acre parcel, consisting of a grassy slope and picnic grove, which is located north of the .78-acre parcel and Y parcel and is directly east of the La Grange Tower condominiums.

The developer had intended to construct 23 town homes on the 2.04-acre. No town homes are included in the revised development plan offered by ARP, Aaronson said.

Also, ARP would reduce from 283 to 236 the number of units in a mid-rise apartment complex it plans to build, and would reduce the amount of commercial space in the project from 33,000 to approximately 18,000 square feet.

Downsizing the scale of the development is not intended to appease LGFP, Aaronson said, although some of its members had reservations about the size of the original development plans approved last year by village trustees. The density of the development and the traffic it would generate were among chief concerns expressed by many village residents who attended plan commission hearings on the project.

Even if ARP were able to proceed with purchase of the entire 2.82 acres it originally sought, the project likely would be modifed to address the realities of a currently weak real estate market, Aaronson said.

Click here to see a related story and video.

Pawnbroker files lawsuit against village, landlord

A Berwyn man whose plans to open a pawnshop in downtown La Grange were derailed when village officials withdrew their support in response to an outcry from residents and business owners, filed a lawsuit Friday against both the village and his landlord, Chicago Breakings News, an online news service of the Tribune company, reported this evening.

In his lawsuit, filed Friday in Cook County Circuit Court, pawnbroker Andrew Grayson, seeks an amount greater than $50,000 from the village plus legal costs, the news service reported. Grayson also is seeking to recover a security deposit and rent totaling $15,470 from his landlord, Fifth Avenue Properties.

Grayson has not responded to a phone message left this evening by La Grange Today.

The lawsuit should come as no surprise to village officials. Legal action was threatened in two letters they received in late June and early July as the village plan commission and village trustees considered and eventually adopted changes to the downtown zoning ordinance which effectively prevented Grayson from following through on plans to open All-Star Jewelry & Loan at 71 S La Grange Rd, just south of Village Hall.

However, the inclusion of Grayson's landlord as a defendant is surprising because Fifth Avenue owner John Brannen initially was on Grayson's side against the village, co-signing the two letters in which the men proposed the village pay $250,000 or face a "likely lawsuit."

Village trustees July 7 met in a special closed session to discuss a response but made no public statement. A review of disbursements made by the village since that meeting disclosed no payments to either Grayson or Brannen.

Negotiations between attorneys for the parties apparently broke down when a settlement figure could not be agreed upon, Chicago Breaking News reported.

Grayson and Brannen apparently parted ways sometime during the summer. Shawn Temple of Belcaster Realty Group, who initially served as a consultant and representative to both men, last month said that Brannen "decided to move on."

Grayson in June said he felt betrayed by village officials, whom he said initially embraced his idea for the pawnshop. Grayson was issued a business license in May.

But after Village Hall in early June was besieged by dozens of residents and business owners, angered upon learning of Grayson's plans, officials did an about-face, hastily drafting changes to the downtown zoning code that outlawed several previously allowed business uses, including pawnshops. The ban applied to Grayson because he had not yet been issued a building permit.

At hearings held by the village plan commission June 29 several residents expressed concern that that the pawnshop would attract an undesirable clientele and spark a crimewave throughout the village from which stolen goods would conceivably be sold to the pawnshop.

But some residents also expressed sympathy for Grayson and were critical of village officials for the way the matter was handled. Some said they supported the idea of reimbursing Grayson for money he spent related to the store, including hiring an architect and making initial rent payments.

A status hearing for Grayson's lawsuit is scheduled for Feb. 24, 2010 before Judge Ronald F. Bartkowicz.

Pension workshop follows tonight's board meeting

The La Grange village board of trustees tonight will hold the first of two workshops to examine the status of the village's police and fire pension funds, and explore what steps might be necessary to insure their adequate funding in coming years.

The workshop will begin immediately following the board's regular meeting scheduled for 7:30 p.m. in the Village Hall auditorium.

“The funded status of our police and fire pension funds has been declining over the last several years," Trustee Jim Palermo, who closely monitors village finances, said. "The weak financial markets in this decade have been a significant contributor the under-funded status, but are by no means the only reason. I look forward to learning what the Village must do to improve the status of our police officers’ and fire fighters’ retirement funds, and what impact that will have on the delivery of village services.”

Park board meets tonight but without Gordon Park settlement terms it wanted from sale objectors

Attorneys for La Grange Friends of the Park (LGFP) this morning said they will not provide the Park District of La Grange with a written settlement proposal on which park commissioners can act at its regular monthly meeting scheduled for tonight.

Park Board President Tim Kelpsas Tuesday told the Suburban Life newspaper he hoped LGFP would provide a document detailing a proposal presented verbally to park district attorneys in a meeting held Sept. 21 in the chambers of Cook County Circuit Court Judge Susan Fox Gillis, who convened the closed session in hopes the parties could reach a settlement and avoid a possibly lengthy trial over the park district's latest petition to sell 2.82 acres of Gordon Park to developer Atlantic Realty Partners (ARP).

Upon hearing this morning that no document was forthcoming, Kelpsas said he was "frustrated" by the news.

Tom Beyer and Mark Wohlberg, attorneys for LGFP, a group of some two dozen residents who filed objections to the parkland sale, this morning said it would serve no purpose to reiterate the group's original proposal in light of a counterproposal it received last week from ARP.

While Beyer would not elaborate on the specifics of the counterproposal, he said it contained "creative thinking" on ARP's part that could significantly alter the scenario initially proposed by the residents group.

Beyer said LGFP was awaiting the outcome of ongoing talks between ARP and village officials regarding the viability of the developer's ideas for reshaping its plans for La Grange Place, a major mixed-use redevelopment of the former Rich Port YMCA parcel.

Now that the settlement talks have expanded to include ARP and the village, "it's like a game of Chinese checkers," Beyer said. "ARP has presented its ideas to the village so, right now, we are waiting on the village to move its ball."

Under plans approved in April 2008 by village trustees, ARP intended to incorporate the 2.82 acres of Gordon Park adjacent to the Y site INTO the project, which as currently designed would comprise 284 mid-rise apartments, 23 townhomes and 30,000 of commercial space.

But ARP President Richard Aaronson said Tuesday that his company now was looking to reduce the scope and cost of the project to reflect a retracted real estate market.

In that light, LGFP's original proposal, which would have ARP purchase the development rights to the park acreage rather than the land itself and transfer its density allowance to the Y site, was "not workable," Aaronson said.

"Densifying the project doesn't make sense," Aaronson said.

ARP's involvement in the settlement discussions was encouraged by Judge Gillis during a second round of talks between the judge and attorneys for both LGFP and the park district held Oct. 5.

Immediately following those talks, LGFP's attorneys gave the park district's attorneys copies of an email Beyer had sent to ARP that he said reflected the specifics of the verbal proposal made in the closed-chamber meeting two weeks earlier.

ARP at that time had not yet responded with its counterproposal. Beyer said he hoped the document would prod park district officials to more actively participate in the negotiations, as no discussions had taken place between the parties outside of court.

Kelpsas this morning said the park district did not respond to the document because it was not specifically directed to the park district and did not structure the proposal in a manner that indicated what specifically was being asked of the park district. Thus, it was not a document on which park commissioners could act, the park board president said.

Kelpsas also said that the Suburban Life story did not accurately quote a statement he made to reporter Joe Sinopoli and gives readers the mistaken impression that he and other park officials are unaware of the general substance of LGFP's proposal.

"One of our very strong board values is that each Park District of La Grange board member is fully aware of our attorney communications and any receipt of information," Kelpsas said.

With no document on which to act at tonight's meeting, Kelpsas said he was not certain if the park board would meet in closed session to discuss the settlement negotiations.

The park board held its last meeting Sept. 17, four days prior to the first round of settlement talks.

Park commissioners at this point may feel as if they are "outside looking in through a window" at the negotiations ongoing between LGFP, ARP and the village, Beyer said.

But that is a choice park officials made on their own, Wohlberg, his co-counsel said. 

Park officials had ample opportunity to present their own alternative to LGFP's proposal in the month that has passed since it was verbally presented to their attorneys in Judge Gillis' chambers, Wohlberg said.

"Our proposal was met then with a brick wall and nothing appears to have changed," Wohlberg said.

At that most recent hearing this past Monday, John Shapiro, an attorney for the park district, told Judge Gillis that a settlement with LGFP was not likely. He urged her instead to proceed with a hearing on the merits of the park district's petition.

ARP offers counterproposal in Gordon Park talks

The president of Atlantic Realty Partners (ARP) today said that his company had offered an alternative scenario to a settlement proposal made by La Grange Friends of the Park (LGFP), a residents group that opposes plans by the park District of La Grange to sell 2.82 acres of Gordon Park to the developer.

Richard Aaronson would not reveal the specifics of the counterproposal but said the scenario offered by LGFP, in which ARP would purchase only the development rights to the park acreage, not the land itself, and transfer the density allowance to the adjacent former Rich Port YMCA site is "not workable."

"Densifying the project doesn't make sense," Aaronson said. 

Under a plan for the project, known as La Grange Place, approved by village trustees in April 2008, ARP would construct 284 mid-rise apartment units situated mostly on the Y site and partly on the adjoining park acreage. Twenty-three two-story townhomes would be built on parkland north of the Y site. Some 30,000 square feet of commercial space would be built solely on the Y site.

Under a scenario involving purchase and transfer of development rights, the density allowance for both the Y site and parkland conceivably could be combined on the Y site, possibly resulting in an increased number of apartment units. The townhomes would not be built under that scenario.

Increasing the density on the Y site does not appeal to ARP given the downturn in the economy since the project was approved more than two years ago, Aaronson said.

"We are looking to reduce the scope and cost of the project," he said, given the currently weak real estate market.

Aaronson said that his counterproposal is contingent on a number of issues being resolved between the developer, the park district, the residents group and the village.

Tom Beyer, an attorney for LGFP and Tim Kelpsas, president of the park board, were not immediately available for comment regarding ARP's counterproposal.

LGFP formally objected in Cook County Circuit Court to a petition filed earlier this year by the park district asking judge Susan Fox Gillis to directly approve the sale of the 2.82 acres to ARP. The settlement talks were initiated by Gillis in hopes of avoiding a lengthy and costly trial.

An attorney for the park district Monday told Gillis that a settlement was not likely and asked her schedule a hearing on the merits of the petition.

Knead to receive village's first BYO liquor license

UPDATE: As anticipated, the La Grange village board of trustees Oct. 26 approved a new BYO license for Knead Marketplace.

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Knead Marketplace received a recommendation of approval Monday night from the La Grange liquor commission for the village's first-ever "bring your own" license.

A final o.k. from the village board of trustees likely will be granted at its next meeting Oct. 26. Liquor licenses routinely are listed on the board's omnibus agenda, whose items generally are approved without discussion.

Knead's proprietors, Chris Spagnola and Mary Libsch, who opened their  downtown bakery/deli/cafe at 13 S La Grange Rd two years ago, said they will begin offering BYO service early next month in conjunction with the introduction of their first dinner menu, which will be available Thursday through Saturday nights.

The BYO option is among several new liquor license categories approved in August by the village board. The new licenses are effective Nov. 1.

"When we first heard about the [BYO license] we thought it would be a perfect thing for us because we only have 20 seats," Spagnola said.

Knead does not have adequate room or staff to operate with a full-service bar like the one the couple had as owners of Emilio's Sunflower Bistro, he said. They closed that restaurant, which also was located downtown, earlier this year to focus their efforts on Knead.

Spagnola said BYO service would offer diners a low-cost alternative in today's tight economy.

He said the couple plans to approach a fine-wine retailer, possibly Trader Joe's, with the idea of doing some cross-market promotions encouraging patrons to pick up a bottle of wine while on their way to Knead for dinner.

Spagnola said they will carry "dram shop" insurance to cover alcohol-related liability, and also will have their employees undergo TIPS training for intervention procedures in handling intoxicated patrons. Both are required by law for full-service license holders, but not for a BYO license.

To help defray those costs, he said BYO patrons will be charged a service fee of "two or three dollars" per bottle.

"We'll see what kind of feedback we get," Spagnola said.

"We'll be curious to see how it goes, what works and what doesn't," Mark Langan, a village trustee who is one of three members of the liquor commission, said. Langan voted to recommend approval of Knead's license, as did Elizabeth Asperger, who also serves as village president.

The liquor commission's third member, Trustee Mark Kuchler, could not attend Monday's meeting. But Asperger said Kuchler asked her to express his support for the application, adding that Kuchler believed Knead's plans "were exactly what our BYO ordinance hoped to attract."

Pilipiszyn explains the workings of village government in response to invitation from LG Citizens Council

Village Manager Bob Pilipiszyn last week addressed the La Grange Citizens Council at its monthly meeting with a talk on the workings of village government.

Pilipiszyn is the first of several local government officials the council plans to host in coming months.

The response of village officials this summer to citizen concerns about a proposed downtown pawnshop and issues arising from a number of recent  instances where village trustees have approved zoning variances counter to the recommendations of the zoning board of approval were among the examples Pilipiszyn cited in explaining how the village manager and staff work closely with the village board to address the concerns of residents and business owners.

Pilipiszyn also offered some examples of how the economic downturn has impacted the village's finances, but not to the point of alarm.

Click here to view video segments of Pilipiszyn's entire presentation, along with his response to questions and comments from members of the council.

No action yet on "likely lawsuit" over pawnshop

A pawnbroker who threatened La Grange officials with a "likely lawsuit" if the village board approved a zoning amendment prohibiting his business from opening said last week that he has yet to take any legal action against the village.

Andrew Grayson, of Berwyn, would not comment on what legal action if any he still might take, saying said the matter was "in the hands of my attorney," whom he declined to identify.

Village trustees July 13 approved revisions to the zoning code outlawing several business uses deemed undesirable, including pawnshops. Village officials then denied Grayson a building permit for his All-Star Jewelry & Loan, which he planned to open in a vacant storefront at 71 S La Grange Rd, just south of Village Hall.

Shawn Temple, a broker with Belcaster Realty in La Grange, who had represented Grayson and his landlord, John Brannen, in an apparently unsuccessful effort to obtain $250,000 from the village for alleged damages, or launch a "likely lawsuit," last week said that he and Brannen had withdrawn from the matter.

"[Brannen] has decided to move on," Temple said.

Village trustees met in a closed session July 7 to consider the legal threat posed by Temple, Grayson and Brannen in two letters sent to village officials prior to that meeting.

Village officials have offered no public comment on what was discussed in the closed session, but acknowledged that it dealt with the threatened lawsuit in a response Village Attorney Mark Burkland gave to the Cook County State's Attorney, which conducted an investigation to determine whether or not the closed session was proper in light of the fact that village officials had at the time of the closed session not yet approved the zoning changes upon which a lawsuit would be based.

Assistant State's Attorney Jim Belgratis Sept. 22 sent a letter to Burkland saying his office believed the threat of legal action was sufficient to convene the closed session under an exception to the Illinois Open Meetings Act dealing with "probable or imminent" litigation.

Village officials in May issued Grayson a business license for All-Star Jewelry & Loan in July but did an about-face after they were besieged by numerous residents and business owners who feared the pawnshop would attract an undesirable clientele and be a magnet for stolen goods.

While the pawnshop never opened, the village ironically suffered a rash of home and car burglaries over the summer.