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The original item was published from 1/4/2016 12:08:00 PM to 1/4/2016 12:47:01 PM.

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CDD - General

Posted on: January 4, 2016

[ARCHIVED] 88 Park Avenue Lawsuit

The Village of Clarendon Hills is pleased to report that DuPage Circuit Court Judge Sheen ruled in favor of the Village in regards to the 88 Park Avenue (Hanlon v. Clarendon Hills) case in an opinion received on November 30, 2015. In a twenty-three page opinion, the Judge ruled the Village has the legislative authority under the Zoning Ordinance to approve the development, that the Village followed the intent of the Zoning Ordinance in allowing the development and the Village was justified in using a Planned Unit Development (PUD) to adjust zoning on the property in part because of tangible public benefits provided to the Village including streetscape improvements and a water main extension. In particular the Judge noted the considerable amount of public input on the development including public review by the Village Zoning Board/Plan Commission, the Downtown Design Review Committee and the Village Board. The Judge also stated that no persuasive evidence was provided that the development would cause an adverse impact on residents and businesses in the downtown and surrounding areas.

To date the Village has spent substantial funds defending the lawsuit, though the Village expects this to be partly reimbursed by the developer. The Village defended the suit because it was the named party, and the suit was primarily focused on the actions of the Village in approving the development. The Village is hopeful this project can now move forward to act as an improvement to the tax base and provide support for the downtown business community.

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