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Thread: No 5 Corners Gas Station

  1. #16
    Quote Originally Posted by alxyz View Post
    Congratulations to ProtectGlenEllyn.org for their victory in the suit against the Village of Glen Ellyn and True North Energy.
    Thank you! We are humbled and very grateful to have this settled. Hopefully, we can move forward and work together with the village on the comprehensive plan to offer ideas for the site.

  2. #17
    Administrator Clamato's Avatar
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    Quote Originally Posted by Diana Martinez View Post
    Thank you! We are humbled and very grateful to have this settled. Hopefully, we can move forward and work together with the village on the comprehensive plan to offer ideas for the site.
    Wondering if the village will appeal. Thoughts?

  3. #18
    Forum All Star Yossarian's Avatar
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    Quote Originally Posted by Diana Martinez View Post
    Thank you! We are humbled and very grateful to have this settled. Hopefully, we can move forward and work together with the village on the comprehensive plan to offer ideas for the site.
    Curious as to what ideas are out there?

  4. #19
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    Quote Originally Posted by Clamato View Post
    Wondering if the village will appeal. Thoughts?
    Assuming that means they have to get 4 trustees on board. With the pummeling they’ve been taking over Main St will be curious to see what happens?

    Speaking of Main St - anyone know the story behind the “Dave Main” sign?

  5. #20
    Forum Hall of Famer DTM's Avatar
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    This is why the Government should not be in real estate....

  6. #21
    Dave? Who's he?

    I assume the "Save Main" sign refers to some action contemplated for the former Main Street School, which now hosts GE Park District classes.

    I heard something about that awhile back, but can't recall what it was.

  7. #22
    Administrator Clamato's Avatar
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    Quote Originally Posted by innovator View Post
    Assuming that means they have to get 4 trustees on board. With the pummeling they’ve been taking over Main St will be curious to see what happens?

    Speaking of Main St - anyone know the story behind the “Dave Main” sign?
    I think it is a given that they will appeal. And, boy, will the optics be bad on that action. One can only imagine that this was not the imagined outcome in the slightest at the CC. The words coming out of there on Friday must have been colorful.

    That said, if you read the depositions, the order comes as no surprise. Ancel Glink has never been regarded as the Kings of Litigation. Showed just that. Got in front of a Democratic judge who masquerades as a Republican! One of the odder situations . . . . the plaintiffs deposed Trustee Senak, a no vote, yet AG never really felt the need, or likely never gave it a thought, to depose a trustee who supported the project. Odd. What is not appealable is the fact that the judge threw out the testimony of the village's expert opinion. That is brutal.

    Anyway, yes, I expect the village to come back and appeal. The thinking will be that all future development hinges on a successful turn around.

    Apex 400? I'd give it a 50/50 chance now. A week ago I'd have said 85/15 in favor.

    Odd times in Glen Ellyn.

  8. #23
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    If the Village appeals this ruling, each person who voted in favor of the appeal should be immediately removed from their position. And if outside counsel is advising in favor of the appeal, the village needs to find new counsel ASAP.

    This village played a losing hand - and mailed-in the litigation - and the results show.
    Last edited by GE Fan; 03-18-2019 at 07:03 PM.

  9. #24
    Administrator Clamato's Avatar
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    Quote Originally Posted by GE Fan View Post
    If the Village appeals this ruling, each person who voted in favor of the appeal should be immediately removed from their position. And if outside counsel is advising in favor of the appeal, the village needs to find new counsel ASAP.

    This village played a losing hand - and mailed-in the litigation - and the results show.
    Just stating my opinion. I think the mindset, more emboldened and more Trump-like, will not allow the loss. We've changed the face of national politics and, sadly, it may be trickling down to local levels.

    The lone reason I would sort of support them doing it is that it will have a domino effect when it comes to just about any project in the future. Including replicating the horse trough.

  10. #25
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    What is this domino effect you speak of?

    The opinion was narrowly written and put a lot of weight on the fact that Village owned the land.

    It doesn’t necessarily have any wideranging negative precedential value to other developments. It should however help guide the Village on what they need to look for and prove in future developments. One would have thought that the village attorneys would have been ahead of this though and properly coached the Board - either they didn’t, or the project is so bad that it was unwinnable.

    I just hope they don’t waste the time, money and resources appealing. Dump it back on the market and get a project in there that fits. They know what they need to prove now.

  11. #26
    You should all read the transcripts of the trial and better understand why the trial went the way it did.

    Clamato....I will challenge your statement respectfully. Are you saying, if the village makes one bad decision and doesn't do the due diligence,
    and it is challeneged by opposition from over 1200 residents, and proven in a court of law that - that the village should continue to appeal and spend money to argue the point - so they can make more bad decisions? OR Are you saying that this decision should be overturned on the basis that they should be allowed to make all decsions with no checks and balance? There are dozens of decisions the board makes every meeting that are not met with oppostion. Every month many things are approved.
    Last edited by Diana Martinez; 03-18-2019 at 08:54 PM.

  12. #27
    Forum All Star Yossarian's Avatar
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    On a really positive note, it looks like at least 1200 people will get out and vote this coming GE election! My suggestion-Put a proper, stand alone Dairy Queen there, just like what Wheaton and Lombard have. A DQ in a strip mall doesn’t feel right.

  13. #28
    Administrator Clamato's Avatar
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    Quote Originally Posted by Diana Martinez View Post
    You should all read the transcripts of the trial and better understand why the trial went the way it did.

    Clamato....I will challenge your statement respectfully. Are you saying, if the village makes one bad decision and doesn't do the due diligence,
    and it is challeneged by opposition from over 1200 residents, and proven in a court of law that - that the village should continue to appeal and spend money to argue the point - so they can make more bad decisions? OR Are you saying that this decision should be overturned on the basis that they should be allowed to make all decsions with no checks and balance? There are dozens of decisions the board makes every meeting that are not met with oppostion. Every month many things are approved.
    First of all, how DARE you challenge my statement! Do not misunderstand my writings. My opinion that they will go forward with an appeal is based on what I feel is 50% bravado and 50% concern for future development with the village. And it is simply speculation on my part.

    I have read the depositions. They did not go well on the village's part. I am not surprised whatsoever of the findings in the order having read them. And having read that the judge found the village's expert witness's testimony to be without merit. And having the hindsight to see how the village's counsel ran the show. I am just saying that if I know the village as I feel I do, they will appeal.

    If you're APEX 400 guy, you had a lousy weekend. And if we gave that parking lot away without a Bible's-length series of conditions to get it back if he walks away, I'd be very concerned.

  14. #29
    Quote Originally Posted by Clamato View Post
    First of all, how DARE you challenge my statement! Do not misunderstand my writings. My opinion that they will go forward with an appeal is based on what I feel is 50% bravado and 50% concern for future development with the village. And it is simply speculation on my part.

    I have read the depositions. They did not go well on the village's part. I am not surprised whatsoever of the findings in the order having read them. And having read that the judge found the village's expert witness's testimony to be without merit. And having the hindsight to see how the village's counsel ran the show. I am just saying that if I know the village as I feel I do, they will appeal.

    If you're APEX 400 guy, you had a lousy weekend. And if we gave that parking lot away without a Bible's-length series of conditions to get it back if he walks away, I'd be very concerned.
    Okay I won't challenge you anymore, I promise
    ....and your continued specutlation, asks a great question regarding the conditions for the sale of the parking lot...yikes!

  15. #30
    Village stands down: “After analyzing legal and practical facets relating to an appeal of this case, True North has decided not to proceed with their $3.8M investment. Given that the Developer is no longer willing to pursue their project, the Village will take no further action to overturn the court's decision.”

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