La Grange Today

Cost of settling pawnbroker lawsuit will be shared by municipal risk pool, but village is mum on the details

A $45,000 payment agreed to by the Village of La Grange to settle a lawsuit filed against it by pawnbroker Andrew Grayson will be partially covered by an Illinois municipal risk pool. But village officials refuse to disclose the details of that arrangement.

The Intergovernmental Risk Management Agency (IRMA), based in Westchester, also provided lawyers to represent the village in the lawsuit, filed last July by Grayson in the U.S. District Court in Chicago.

According to its website, IRMA "is a risk sharing pool of 73 local municipalities [including La Grange] and special service districts in northeastern Illinois, which have joined together to manage and fund their property/casualty/workers’ compensation claims. All members also participate in a comprehensive risk management program."

Assistant Village Manager Andrianna Peterson this week confirmed that IRMA and the village would share the costs of settling the lawsuit, in which Grayson alleged that village officials in 2009 successfully conspired with restaurant owner Michael LaPidus, then-president of the La Grange Business Association, to prevent him from opening a pawn shop at 71 S La Grange Rd, next to Village Hall, after Grayson already had been granted a business license, thereby violating his civil right to due process.

But Peterson declined a request to provide a specific accounting of the how the costs would be divided. Instead, she cited an exemption under Section 7(1)(s) of the Illinois Freedom of Information Act (FOIA), which allows public bodies to withhold information related to "[a]ny and all proprietary information and records related to the operation of an intergovernmental risk management association or self-insurance pool or jointly self-administered health and accident cooperative or pool."

Invoking an allowed FOIA exemption is an option not a requirement, according to the statute.

Peterson did confirm that the settlement agreement pertains only to Grayson's suit against the village, and does not address any liability on behalf of LaPidus.

Neither does the settlement affect a separate, related federal lawsuit filed against both the village and LaPidus by a bank trust held on behalf of Fifth Avenue Property Management, which owns and manages the retail space at 71 La Grange Rd, for which Grayson signed a one-year lease.

A status hearing for Fifth Avenue's lawsuit is scheduled for Jan. 14.

Terra Incognito closes its La Grange studio, gallery

Terra Incognito Studio & Gallery has closed its downtown La Grange facility.

Owner David Toan last week said he expected to have the storefront at 35 S La Grange Rd cleaned out by today. A second studio and gallery in Oak Park remains open.

Toan said the La Grange facility—which opened in Spring 2007, offering classes in clay modeling, tile making, mosaics and raku—"just never caught on."

A soured economy also hurt attempts to grow the business, Toan said.

"When the economy went bad [in late 2008], we felt it first in Oak Park, then in La Grange," he said. But while business has rebounded in Oak Park, the downturn has lingered in La Grange.

"Nothing was trending upwards in La Grange," Toan said. "People there are very careful with their money."

Toan said he also was disappointed with the lack of pedestrian retail traffic on La Grange Rd, noting that he selected a high-profile location in hopes of generating sales for the studio's retail gallery.

"We were paying good money to be on La Grange Rd, but it's become a food court that isn’t a healthy for retail business," he said, referring to the growing number of restaurants that have opened in the village's central business district, heralding its emergence as a premiere dining destination in the western suburbs.

The Oak Park facility, by contrast, is located in a small neighborhood retail strip, four blocks north of that city's downtown Lake St corridor.

Terra Incognito's closing also will create another, larger void in the community that may be harder to fill than a vacant storefront.

Toan and his studio spearheaded two Empty Bowls fundraisers. This year's event, held in April, raised $25,o00 for local food pantries.

Another success story for Terra Incognito in La Grange was the formation of the Village Potters, a group of some 20 students who met while taking clay classes at the studio. For the past two years, the group has sold their wares on Thursdays at the Farmers Market next to Village Hall.

One the potters, Curt Hansman, of La Grange, said she was saddened by the closing of Terra Incognito. The group is hoping to find an alternative venue in the community where they can continue to meet and create with clay, she said.

Pawnbroker confirms lawsuit with village is settled

Pawnbroker Andrew Grayson, who sued officials of the Village of La Grange and former La Grange Business Association President Michael LaPidus in federal court, alleging that they conspired to prevent him from opening a jewelry and loan store in downtown La Grange and violated his civil rights, today confirmed that he accepted a settlement offer in the case.

Grayson said that in accepting the offer he agreed not to publicly discuss the terms of the settlement. But he did say the settlement involved both the Village and LaPidus.

News of the settlement was first reported Tuesday by La Grange Patch.

Andrianna Peterson, assistant village manager, told Patch that there are "action steps" to be taken before everything is finalized.

Grayson said he was unaware of what steps those might be.

"As far as I'm concerned, it's done," he said. But he declined to say whether or not he had received any payment yet as part of the settlement.

Grayson's landlord, Fifth Avenue Property Management, filed a separate lawsuit, also in federal court, against both the village and LaPidus. Grayson said he did not know the status of that case.

While Grayson was blocked by village officials from opening his planned All Star Jewelry & Loan in a storefront just south of Village Hall, last January he opened Pebblewood Jewelry & Loan in Naperville.

Related story:

• Pawnbroker, landlord allege civil rights violations occurred in village effort to block store opening

Walgreen's wants to sell beer & wine in La Grange, but village board must first remove restriction

UPDATE - Sept 15, 3:45 pm: At Monday night's village board meeting, Trustee Mark Kuchler asked that the proposed ordinance repealing a 2000 restriction that prohibited Walgreen's from selling alcoholic beverages at their La Grange store be removed from the omnibus agenda in order to allow discussion of ordinance before a vote.

Kuchler then asked why Walgreen's had been singled out in 2000 for a restriction while two other 24-hour retailers—7-Eleven and White Hen convenience stores—already had been granted licenses to sell beer and wine. At the time Walgreen's was considering a 24-hour operation in La Grange but later opted to close no later than 11 pm.

Community Development Director Patrick Benjamin explained that a typical Walgreen's in those days maintained a large, full service alcoholic beverage department, which included hard liquor. The prohibition resulted from concerns expressed at the time by trustees that such an operation would cause problems.

Walgreen's did not object to the prohibition because it was then in the process of phasing out the sale of alcoholic beverages at its stores nationwide, Benjamin said. Last year, the company reversed that policy and now plans to offer a limited selection of beer and wine in most of its stores.

Village Attorney Mark Burkland noted that the village's liquor ordinances in 2000 were not as tightly constructed as they are today. He said he believed that no retailer, even those open 24 hours, can sell alcohol past 11 pm.

The board subsequently approved the new ordinance repealing the prohibition by a unanimous vote.

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Walgreen's wants to sell beer and wine at its La Grange store. But before the nation's largest drugstore chain can apply to the village for a liquor license, the village board of trustees must lift a restriction it imposed on Walgreen's in 2000.

The village board at its regular meeting tonight is expected to amend the ten-year-year-old development plan it approved for the west phase of La Grange Crossings, which includes the Walgreen's store at 2 N La Grange Ave, in order to allow the sale of packaged liquor.

The action is scheduled to be taken under the board's omnibus agenda, which generally is approved without discussion.

A restriction contained in the 2000 development plan states that "no sales of packaged liquor will be allowed at the 24 hour Walgreen's."

While Walgreen's initially anticipated operating the La Grange store on a 24-hour basis, it has never done so.

Walgreen's raised no objection to the restriction at the time, as the company was then in the process of phasing out the sale of alcoholic beverages at most of its stores nationwide.

However, the pharmacy giant last year decided to reverse that policy and has since "reintroduced a limited beer and wine selection in about 3,100 of its roughly 7,500 stores," the Wall Street Journal reported in June.

Walgreen's plans to sell beer and wine in about 5,000 of its stores by the end of this year, but will not offer fortified wines, hard liquor or 40-ounce beers, according to the Journal.

Under the La Grange zoning code, amendments to an approved planned development typically require a hearing before the village plan commission, Village Manager Robert Pilipiszyn said in a written report submitted to trustees.

However, after consulting with Village Attorney Mark Burkland, a decision was made to bypass the plan commission in this instance because "it was determined that matters regarding alcohol sales are public health and safety issues with legislative considerations rather than planning issues," Pilipiszyn said.

Therefore, a hearing before the plan commission is "not necessary," he said.

Pilipiszyn recommends that the village board approve the amendment. He noted that two other retailers within a block of Walgreen's—Trader Joe's grocery store and a 7-Eleven convenience store—currently are licensed to sell beer and wine.

If the restriction is lifted, Walgreen's intends to apply to the village liquor commission for a package license, he said.

Final approval from village trustees is required before any liquor license is granted.

Village officials, former LGBA president face two federal lawsuits stemming from pawn shop denial

UPDATE - Sun. Aug. 1 at 9:30 p.m.

Click here to read a summary of the lawsuits and, if you choose, view PDF copies of the actual complaints.

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The Village of La Grange and three community leaders face two separate federal lawsuits filed earlier this month related to the denial last summer of a building permit sought by a Berwyn businessman who attempted to open a pawn shop in downtown La Grange.

One suit, filed July 13 in the U.S. District Court in Chicago by Oxford Bank & Trust and Fifth Avenue Property Management, alleges that their constitutional rights were violated when the defendants conspired to block the businessman, Andrew Grayson, from opening a pawn shop in a retail building they own and manage at 71 S La Grange Rd, located next to Village Hall.

The individuals named in that suit are Village President Elizabeth Asperger, Village Manager Robert Pilipiszyn and Michael LaPidus, former president of the La Grange Business Association.

News of the suit was reported here earlier today and was based on a story published last night by ChicagoBreakingNews.com.

This afternoon, La Grange Today learned from Grayson that he too filed a similar lawsuit on July 9, also in federal court, that includes as defendants the village and the individuals named above.

Grayson also said he believes his lawsuit targets additional persons whose names he could not recall in a phone conversation.

Grayson said his attorney, Richard Bruen, could provide additional details. An attempt this afternoon to reach Bruen by phone was not successful.

Village Manager Pilipiszyn, when shown a copy of the story published by ChicagoBreakingNews.com, would not confirm or deny its accuracy.

"I'm still going through my mail," Pilipiszyn said.

The federal lawsuit represents a change of venue for Grayson, who initially filed a lawsuit against the village last Oct. 30 in Cook County Circuit Court after the La Grange board of trustees voted unanimously in July of last year to adopt zoning changes that prohibited pawnshops, among other uses considered undesirable by the community.

Grayson already had been issued a business license by the village in May 2009 to operate his planned pawn shop, All Star Jewelry & Loan.

Village officials initially welcomed him but did an about-face when many residents and business owners opposed the pawn shop, Grayson said.

La Grange officials at the time said they had no choice but to issue Grayson a license because pawn shops were a permitted use at the time.

LaPidus, then president of the LGBA, spearheaded an effort by local merchants and other businesses to prevent the pawn shop from opening by encouraging village officials to adopt the zoning changes.

The zoning amendments adopted by the village board prohibit not only pawnshops but other uses considered out of character with a downtown that 20 years ago was run down but last year was heralded by Chicago Magazine as the region's best.

After the zoning changes became effective, the village denied Grayson a building permit.

In June 2009,  as the village plan commission was about to conduct a public hearing on the proposed zoning changes, attorneys for Grayson and Fifth Avenue owner John Brannen together sought $250,000 in damages from the village and alternatively threatened to file a "likely lawsuit" if the village went forward with efforts to amend its zoning code so that pawn shops were prohibited from operating in the central business district.

Whether village officials simply rebuffed the offer, or failed to reach a settlement figure, is not publicly known. There is no public record of any settlement.

Grayson subsequently filed his lawsuit in the circuit court, suing not only the village but also Fifth Avenue Properties, whom Grayson said refused to refund money he paid toward a lease on the store.

In April, the circuit court suit was dismissed, then reinstated and eventually dropped by Grayson, according to court records available online.

"The federal court is where we need to be," Grayson said.

With Fifth Avenue Properties also filing suit against the village and LaPidus, Brannen and Grayson appear now to be on the same side once again.

Related stories from our archives:

• Pawnbroker files lawsuit against village, landlord
• Pawn shop fears gone, but shame & disappointment linger over how village officials handled the affair
• Downtown zoning changes adopted by village board almost certain to scuttle plans for pawn shop
• Listen to audio excerpts from the public hearing on the proposal to ban pawn shops from downtown

Christmas Walk 2009 offers an evening of festivities

The 18th annual Christmas Walk takes place Saturday (Dec. 5) in downtown La Grange.

Click here for a schedule of events and a map of merchants holding open houses this year.

Cossitt School holds 2009 used clothing sale Saturday

This year's used clothing sale at Cossitt School will be held Saturday, Oct. 3, from 8 a.m. until noon.

The sale features fall and winter clothing in "gently used" condition for boys, girls and infants. Sports shoes, bicycles and baby equipment also will be offered for sale.

A half-priced yellow-tag sale runs from 11 a.m. until noon.

Only adults will be admitted before 10 a.m. Children will be allowed thereafter if accompanied by an adult.

Cash and personal checks (with ID) will be accepted as payment. Sorry, no credit or debit cards.

The school is located at 115 W Cossitt Ave, one block west of La Grange Rd. Click here for map and directions.

For more information, call (708) 352-1931.

West End Art Fair 2009 sets up this weekend

The 14th annual West End Art Fair happens this Saturday and Sunday, Sept. 12-13, along Burlington Ave in front of the Stone Ave train station in La Grange.

The juried festival, which features 125 artists from across the country, will be open from 10 a.m. until 5 p.m. both days. Visitors will find paintings, sculptures, woodwork, jewelry, photography, watercolor, and mixed media creations.

One of the easels to be offered at the
Art Under the Stars auction.

The fair also will be the setting for an Art Under the Stars auction Saturday evening of 47 artworks that were displayed on easels all summer long throughout the downtown and the West End business districts. The artworks all are take-offs with a La Grange twist of well known masterpieces by the likes of Picasso, Van Gogh, Rockwell, Wyeth and Salvador Dali.

Click here to view all 47 easels in an online gallery hosted by the La Grange Business Association (LGBA), which sponsored and promoted the event known as The BIG Picture. The easels also will displayed all day Saturday under the trees at the Stone Ave station.

Proceeds from the auction, which begins at 5 p.m., will benefit the Pets and Pals Charity and the La Grange Historical Society.

In conjunction with the auction, the LGBA also is hosting three other events on Saturday:

• High School Film Festival from 11 .a.m to 4 p.m. in the newly renovated La Grange Theater. Students from Lyons Township High School and Nazareth Academy will showcase their short films on the big screen. The festival has five categories including dramatic shorts, comedic shorts, stop-motion animation, computer generated animation and music video. A first prize of $100 in LGBA gift certificates will be given in each category in addition to a $100 overall audience favorite award. The awards will be presented at 5:30 pm at the Art Under the Stars auction.
  
• Masterpieces on Glass from 10 a.m. to 3 p.m. Indian Guide tribes, Boy and Girl Scout troops, church youth groups, and individual families will team up with local businesses to create a painting of “Their La Grange” on a 4x4 foot section of the sponsoring business’s window. The pieces will be judged and prizes will be awarded at the Art under the Stars auction that evening. There is no entry fee for this contest and those interested should contact Heather Cavanaugh at heather@lgba.com for more information.
• Architectural/Historic Trolley Tours of La Grange from noon until 4 p.m. The La Grange Historical Society will host the trolley tours, which are intended to give interested residents and visitors the opportunity to learn about both the history and architectural importance of La Grange. The tours are free but tickets are required. Tickets are available at the community development office in the La Grange village hall and, if there are tickets remaining, at the festival.
  

WGN-TV gives a boost to "best downtown" kudos

Having read in Chicago Magazine's August edition that La Grange has the "best downtown," WGN-TV reporter Marcus Leshock last week visited the central business district to check out firsthand "what makes it so special."

Leshock spoke on camera with Village President Elizabeth Asperger, toured the La Grange Theatre with one of its owners, JohnRot, dropped into Horton's hardware department and also spoke with Chris Spagnola and Mary Libsch, proprietors of Knead Marketplace.

Here's his report...

 

Asperger on Chicago mag's "best downtown" kudos

In her opening remarks at last Monday's meeting of the village board, President Elizabeth Asperger thanked local business owners, village staff and residents for efforts that resulted in Chicago magazine citing La Grange as having the "best downtown" among Chicago suburban communities.

"This designation really affirms the positive momentum that we have enjoyed, the work that has taken place in our central business district for at least the last couple of decades," Asperger said.

Related story:

• La Grange has "best downtown," Chicago Magazine says