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Thread: No 5 Corners Gas Station

  1. #1

    Red face No 5 Corners Gas Station

    Congratulations to ProtectGlenEllyn.org for their victory in the suit against the Village of Glen Ellyn and True North Energy.

  2. #2
    Forum All Star GE Fan's Avatar
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    Did they win any money? If so I expect them to roll it into the ProtectMainStreet battle...although, at this point those Protect Main or whatever the signs say are really just de facto St. Pets signs.

  3. #3
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    Details?

  4. #4
    Administrator Clamato's Avatar
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    Details are that the Board granting SUP Ordinance # 6486 was a no-no in the eyes of the judge. Final order. Will continue buying gas at Main and Geneva. They have a good car wash for being a gas station.

  5. #5
    Forum Demi-god Cliché's Avatar
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    Congrats Diana!

  6. #6
    Administrator Clamato's Avatar
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    Read the opinion. Village got B-Slapped.

    #GodBlessTHEGiescheShoeBuilding Looks like it is here to stay. Any whiff of a lawsuit and I am guessing that developer, who seems a tad jumpy already, actually jumps out of town back to the safety of Glencoe.

  7. #7
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    Quote Originally Posted by GE Fan View Post
    at this point those Protect Main or whatever the signs say ........
    SaveMaIn FB Profile.jpg

  8. #8
    Forum All Star GE Fan's Avatar
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    Yep. Save Main.

    I read the 5 Corners order - it won’t help the Save Main crowd.

    That said, the fact that the Main Street developer may have allegedly been less than forthright with his loan, deadlines and numbers may be helpful.

    More litigation to come. Yay!

    But re: 5 Corners - an embarrassing ***-kicking of the Village.

  9. #9
    Forum Demi-god Cliché's Avatar
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    Quote Originally Posted by GE Fan View Post
    More litigation to come. Yay!.
    Sue you, sue everybody...



  10. #10

  11. #11
    Thanks for all the kind words, it was a tough fight and no one wants to go up against the town you love, but hope we can put this behind us and work together with the new board. I can't find a way to post the entire ruling by the judge for you, but here is a link

    https://www.facebook.com/groups/1839...action_generic

    Enjoy!
    It's fascinating reading! Here are some highlights:

    "The Court finds that Mr. Delacy's testimony contained so many errors and inconsistencies as to be incredible. The Court gives no
    weight to his testimony." Mr. Delacy was the village's expert witness who was pretty uncredible.

    "As to general welfare, the defendants argue that the Village's decision would place the subject property back on the tax rolls and create an
    attractive gateway to the community. Staci Springer, the Village's economic development director. testified that the planned development
    would improve storm-water drainage, provide convenience to the residents and remove certain undesirable trees. In answer to questions,
    she stated several times that protection of property values and promotion of health, safety, etc. are not in her job description."

    "The Court notes that the property is now vacant and unimproved. Ms. Springer's testimony established not that the proposed
    development would actually improve current storm water drainage, but would channel stormwater from the proposed impermeable
    surfaces away from Plaintiffs' properties. There was no testimony of how removal of undesirable trees from the property is of anything
    but de minimis benefit to the general welfare"

    " The relative gain to the public as compared to the hardship imposed upon the individual propeft), owner.
    The only tangible gain to the public from the proposed gas station is the sales tax money that would come into the Village coffers,
    However, since there was no testimony as to the impact of the additional TS2 trips per day to the station on the students at the neighboring
    Forest Glen Elementary school, it is impossible to balance the overall gain to the public from the approximately $140,000 per year in
    increased tax revenue from the proposed use. If there is no net gain to the public, then the Court is compelled to find that this factor also
    weighs in favor of the Plaintiffs."

    Here's the final statement by Judge Bonnie Wheaton.
    "The Court therefore finds, declares and orders that the decision of the Village Board granting Special Use Permit Ordinance No. 6486 and the other ordinances at issue was arbitrary, capricious, against the manifest weight of the evidence, The Court further enjoins the
    Village from enforcing the ordinances at issue.
    This is a final order, with no just reason to delay enforcement or appeal.
    Last edited by Diana Martinez; 03-15-2019 at 07:54 PM.

  12. #12
    What is the position on this issue of the candidates for three Village Board seats?

  13. #13
    Administrator Clamato's Avatar
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    Quote Originally Posted by alxyz View Post
    What is the position on this issue of the candidates for three Village Board seats?
    Sort of a moot point as they are running unopposed. If each gets one vote . . . they win!!

  14. #14
    Administrator Clamato's Avatar
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    "Capricious" . . . yikes. That's a bad word.

  15. #15
    Forum Demi-god Cliché's Avatar
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    Quote Originally Posted by Clamato View Post
    "Capricious" . . . yikes. That's a bad word.
    Love to learn more about this...

    "Then in June 2015, the village rejected a "perfectly good offer" of $500,000 from Glen Ellyn Swimming LLC, which wanted to build a swim school on the property, according to documents filed by attorneys for the neighbors."

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