The judge hearing the latest petition from the Park District of La Grange to sell a portion of Gordon Park to a developer today said she is ready to make her ruling, but that action will not occur until mid-May at the earliest.
At a status hearing held this morning in Cook County Circuit Court, Judge Susan Fox Gillis told attorneys for both the Park District and a group of residents who oppose the sale that she had spent the weekend reading motions for summary judgment that each side had recently filed with the court.
"I think I can rule on this rather quickly," Gillis said, without having to entertain additional arguments from either side.
But the judge acquiesced to a request from Tom Beyer, an attorney for the residents group, La Grange Friends of the Parks (LGFP) that both sides be allowed to file written responses to each others' judgment motions. Responses should be part of the court record in the event the losing party chooses to appeal the ruling, Beyer told the judge.
"They [Park District attorneys] took 40 days to write this thing," Beyer said, referring to a 34-page memorandum supporting the Park District motion, whose length required special dispensation that Gillis granted just last Thursday. Beyer asked for two weeks to prepare a response.
"Just because someone has talked for 34 pages doesn't mean they have said anything," Gillis quipped. But she cautioned the attorneys not to take her comment as any indication of how she might rule.
Gillis scheduled the next status hearing for May 10 at 2:00 p.m. in Room 704 of the Daley Center in Chicago.
In the motion filed on behalf of the LGFP, Beyer and co-counsels Mark Wohlberg and Joan Johnson argued that the sale petition should be dismissed because the amount of parkland involved in the sale still exceeded three acres, the maximum sale the court can approve under the Illinois Park District Code.
Gillis in June 2008 dismissed an earlier petition presented by the Park District on similar grounds, ruling that the legal description contained in the sales contract included a vacated portion of Shawmut Ave that adjoined the 2.82 acres the Park District proposed to sell to Atlantic Realty Partners (ARP).
Attorneys for the Park District, Robert Bush and John Shapiro, in their motion argued that the inclusion of the vacated roadway was an error that has subsequently been corrected with a land swap executed in Nov. 2008, whereby the Park District gave the .7-acre vacated roadway to the Village of La Grange in exchange for a village-owned parcel of similar size adjoining Gordon Park along Locust Ave.
But LGFP attorneys contend the roadway is still part of the transaction because both the sales contract with ARP and the land swap agreement contain language linking the two deals. If either one falls apart, the other does as well.
The LGFP motion also argues that the reasons cited by the Park District board of commissioners in declaring the parkland no longer useful or needed are flawed. Further, it contends that the propose sale violates the Public Trust Doctrine, which states that land dedicated for use by the general public cannot be disposed of casually.
In their motion, Park District attorneys argue that the reasons commissioners cited in determining that the parkland was no longer needed are outside the jurisdiction of the court.
While the Park District Code states that the court must decide whether or not the sale is in the public interest, Park District attorneys argue that the court's focus is confined to the outcome of the transaction and cannot include the legislative process itself, which they claim is privileged. The only exception, they said, would be if the commissioners' action was "arbitrary and capricious," which is not the case, they said.
Affidavits submitted with the Park District's motion include resolutions from the Village of La Grange and School District 102, along with statements from numerous local officials and businesspersons supporting the sale. Many of the some 27 affidavits express belief that the loss of a 2.82 acres of parkland is far outweighed by improvements to facilities in the remaining portion of Gordon Park that the sale will afford, and by redevelopment of the parkland and the adjoining former Rich Port YMCA parcel.
Park District attorneys also note that voters approved the sale of the parkland by a 55 to 45 percent margin in a Nov. 2008 referendum.
That successful referendum authorized the Park District to attempt to sell the same 2.82 acres of parkland at a public auction, which it held in Jan. 2009. But in a separate lawsuit brought by La Grange resident Orlando Coryell, another circuit court judge, Leroy Martin Jr., voided the sale when ARP emerged as the sole and winning bidder. Martin ruled that the Park District's pre-existing contract with ARP, and special zoning it received from the village for its planned redevelopment of the Rich Port Y site, and the adjoining the park acreage, gave the developer an unfair advantage over other potential bidders. That ruling is being appealed by the Park District.
Beyer this morning told Judge Gillis he intends to file a motion to strike most of Park District's affidavits related to its latest petition on the grounds that their conclusions are based on beliefs not facts.
Beyer later noted that the redevelopment of the Rich Port Y site is no longer a certainty as ARP has said the current economic recession has forced it to significantly downsize its plans for La Grange Place, a major mixed residential and commercial that would have been the largest private development project in the history of the village.
An attempt last November by ARP to renegotiate its purchase price for the Rich Port parcel was rejected by YMCA officials, who said the reduced offer was "insufficient" to allow them to proceed with plans to acquire land elsewhere in the area on which to build a new facility.
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