UPDATED - Oct. 12, 2:55 a.m.
After a three-year legal battle, the Park District of La Grange Friday finally got its first victory in Cook County Court when Judge Susan Fox Gillis approved the district's latest petition to sell two parcels—2.82 acres in total—from the northwest corner of Gordon Park.
"We are very pleased with the ruling," Rob Bush, attorney for the Park District said after it was delivered by Gillis shortly before 5 p.m., at the end of a four-day trial.
"I think this will benefit all the citizens of La Grange," Brad Belcaster, park board vice president, said.
Board President Mary Ellen Penicook smiled amid a flurry of hugs and handshakes, but declined a request for comment.
The decision was a blow for the La Grange Friends of the Park, a group of some 20 residents who formally opposed the sale in court. A handful of its members, including former park commissioner Kevin Shields, were on hand for the ruling.
"I feel like there has been a death," Shields, an outspoken critic of the sale since it was first announced in the summer of 2007, said of the ruling.
Also present was Orlando Coryell, another La Grange resident who successfully blocked the Park District's initial sale petition, filed in Sept. 2007 and dismissed in June 2008, also by Gillis.
Tom Beyer, one of three attorneys representing the Friends, said they likely would file a motion for reconsideration within the next 30 days and, depending on its outcome, decide whether to appeal Friday's ruling.
Gillis, who was a strong advocate for settlement talks held one year ago in hopes of reaching an agreement that would allow both parties to emerge with a partial victory, came down Friday firmly in support of an amended petition filed last month by the Park District.
Under terms outlined in her ruling, the Park District can sell the parcels for cash equal to or exceeding $2.985 million, or 100 percent of the average of the three appraisals conducted at any time within 18 months of the date of a sales contract.
The land can be sold to anyone, and there apparently is no time limit on disposing of the property.
The $2.985 million figure was the amount agreed upon in a purchase proposal made to the Park District in 2009 by Atlantic Realty Partners (ARP), according to testimony presented in court Tuesday by Belcaster and ARP President Richard Aaronson. The Atlanta-based developer originally agreed in 2007 to pay $4.5 million in cash and as much as $2 million in services, providing and contouring landfill for a renovation of the remaining 14 acres of Gordon Park. The developer cited a deteriorating economy and real estate market as the reason for reducing its offer.
Outside the courtroom following his testimony, Aaronson said he was still interested in purchasing the park parcels if the terms and conditions were right.
Until fall of 2009, ARP also had a contract to purchase to the former YMCA Rich Port site, adjacent to the Gordon Park parcels. The developer had plans, approved by the Village of La Grange, to build a major residential and commercial project on the combined parcels, known as La Grange Place.
But when Aaronson attempted to renegotiate the purchase price, again to reflect the decline in real estate values, YMCA officials withdrew, saying the reduced amount offered was insufficient to allow them to purchase property elsewhere for a new facility. The vacant Rich Port facility subsequently was demolished this past summer at a cost to the YMCA of $600,000.
As of Monday afternoon, a YMCA spokesman had not responded to a request for comment on Friday's ruling.
The Park District said it intends to use most of any proceeds it receives from the sale to pay for a major renovation of ball fields and other recreational facilities on the remaining 14 acres of Gordon Park. The renovation plan factored greatly in Gillis' decision. At least $500,000 would be spent to replenish the district's capital reserves.
But the judge's ruling imposes no restrictions on how the money is spent.
For readers who would like a faster report, there are other links to available stories.
Below are a few stories from news agencies which have already been posted online and are likely to also be in print depending on the editor's decision.
http://www.mysuburbanlife.com/lagrange/breaking/x710516378/Judge-rules-in-favor-of-Gordon-Park-land-sale
http://www.pioneerlocal.com/lagrange/news/2785034,lg-gordondecision-100810-s1.article
Posted by: Be Informed | October 09, 2010 at 12:31 PM
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Again, a faster and more comprehensive perspective can be made by learning about the other lawsuits, mentioned above, which have associated interview videos and presentations that would inform readers to the people involved and their attitudes. Readers should watch them and read along:
Settlement offer from Park District of La Grange to Objectors on Dec. 7, 2009:
http://www.pdlg.org/documents/Settlement%20Offer%20120709%20%20doc.pdf
Objector interview about bigger garage:
Kevin Shields: http://www.youtube.com/watch?v=H1yR1hkXPUE
Objector presentation to Village:
Harlan Hirt: http://www.youtube.com/watch?v=vYf45s7gevo
Objector interview about lawsuit #2:
Orlando Coryell: http://www.youtube.com/watch?v=GjQhYAkacVw
Suggestion for Objector Orlando Coryell to step down from President of La Grange Citizen's Council:
Doings Newspaper: http://www.highbeam.com/doc/1N1-124B849959C96CD8.html
Park District Master Plan for new Gordon Park:
Fly-through: http://www.youtube.com/watch?v=wrV5eVbI5-4
PDF: http://www.pdlg.org/documents/gordon_park_master_plan_9-22-08.pdf
Sketch: http://www.pdlg.org/documents/gordon_park_sketch_up_board.pdf
Lead Objector attorney statement of settlement progress:
Tom Beyer: http://www.youtube.com/watch?v=OiJuS4ts9kw
Park District settlement response to Objectors:
Mary Ellen Penicook:
Part 1: http://www.youtube.com/watch?v=sRDZxU9Qbww
Part 2: http://www.youtube.com/watch?v=ZuXk7Pho0TU
Lead Objector attorney statement:
Tom Beyer: http://www.youtube.com/watch?v=fvhoDIog4Gk
Objectors receive strong criticism:
http://www.youtube.com/watch?v=IfuMIMInGSM
Settlement response from Park District of La Grange to Objectors on Nov. 18, 2009:
http://www.pdlg.org/documents/Commissioners%20response%20to%20the%20objectors%20demands.pdf
Suburban Life: http://www.mysuburbanlife.com/lagrange/news/x1682943856/Park-District-calls-lawsuit-a-delay-tactic-offers-counter-proposal
Park District Resolution 10-03 (Sept. 2010) and 09-02 regarding sale of Parcels 2 & 3 in Gordon Park:
http://www.pdlg.org/documents/resolution.pdf
Information relating to approved referendum by Park District of La Grange:
http://www.pdlg.org/gordon_park/
Future consideration of Gordon Park plans and promised continued legal action by Objectors:
Suburban Life: http://www.mysuburbanlife.com/lagrange/news/x1355827139/Gordon-Park-plan-Is-it-really-over
OnLaGrange.com: http://thenewsonlagrange.blogspot.com/2009/11/park-district-lawsuit-drags-on.html
Chicago Tribune: http://articles.chicagotribune.com/2009-12-16/news/0912140303_1_park-district-stalled-gordon-park
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Posted by: Be Informed | October 09, 2010 at 01:53 PM
Thank god this nonsense is close to being over! This whole effort was just an attempt by a small group to prevent the exercise of reasonable private property rights. Maybe they should liquidate and pool all their assets so they can buy it and legitimately control what goes there!
Too bad the village can't go after Coryell, Shields and others for the $500K+ cost of the litigation. And Shields' analogy of the loss being "like a death" is ridiculous and an insult to those of us who have lost a close friend/family member. Maybe he needs a bit more perspective in his life.
Posted by: ed | October 14, 2010 at 12:37 PM