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Thread: Gieshe’s update

  1. #1
    Forum All Star Yossarian's Avatar
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    Gieshe’s update

    FOR IMMEDIATE RELEASE - PLEASE SHARE
    Amended complaint has been filed in the lawsuit against the Village of Glen Ellyn and GSP properties over the Apex 400 project; seeks injunctive relief to halt demolition
    Glen Ellyn, June 6, 2019…The plaintiffs in Shoub Properties, LLC vs. Village of Glen Ellyn (DuPage Case No 2019 MR 0396) including two residential landowners, one downtown landowner and Citizens for Glen Ellyn Preservation, filed an amended complaint this week and are seeking injunctive relief to halt demolition of the Giesche building and transfer of the Main Street Parking Lot. The Honorable Bonnie M. Wheaton has been assigned to preside over this case.
    The plaintiffs in the lawsuit allege that the Village violated Illinois law in rushing the Apex 400 project through to approval. The suit alleges that Village President Diane McGinley and others failed to abide by Illinois law concerning the use of public funds for the purposes related to Apex 400 because there was no hearing on the matter that allowed the Historic Preservation Commission of the Village of Glen Ellyn to consider the impact of Apex 400 on the Giesche Building or on the Glen Ellyn South Downtown Historic District. Such a hearing is required under Illinois law concerning tax increment financed (TIF) projects.
    Notably, since July 2018, the developers of Apex 400 have known that there was concern for the Giesche Building as a historic structure and they were informed by the State Historic Preservation Office (within the Illinois Department of Natural Resources) not to engage in demolition or work on the Giesche Building without further consultation with the SHPO.
    The lawsuit also alleges that the Village did not engage in proper proceedings to transfer the South Main Street Parking Lot and that the Village is not empowered to develop and operate a parking garage that violates local ordinance or state accessibility regulations.
    Additionally, the lawsuit alleges that the developers of Apex 400 failed to obtain zoning relief in the form of required special use permits and required deviations from the zoning ordinance and that they failed to properly pursue subdivision.
    The amended lawsuit also alleges that the Village violated the due process rights of residents and property owners by failing to conduct the appropriate public zoning proceedings: meetings took place in secret, residents were given inadequate notice for the meetings that were public and meeting processes were deficient.
    The lawsuit asserts that the massive project is entirely too large for Glen Ellyn, particularly in the south downtown Glen Ellyn area where business, governmental, religious and other uses suffer a severe lack of parking.
    The lawsuit also disputes the Village’s allowance of interior demolition of the Giesche Building and removal of the sign as well as exterior demolition of portions of the St. Petronille’s rectory. With respect to demolition, neighbors have complained since the beginning of April that with no notice, asbestos contractors hired by the developer began demolition and left remnants of siding and insulation strewn about the neighbors’ property and surrounding areas. The Village confirmed that asbestos was involved in the partial demolition of these structures. No further demolition has occurred since the April 5, 2019 filing of the lawsuit. but the Village has indicated its intention to allow further demolition of at least the Giesche Building.
    Citizens for Glen Ellyn Preservation has authorized its attorneys to seek emergency injunctive relief to halt the efforts to transfer the South Main Parking Lot and to demolish the Giesche Building.

  2. #2
    Forum Demi-god Cliché's Avatar
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    If you want one last selfie in front of Gieshe's you best hurry, the end is near...coming down in days.

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    Forum All Star Yossarian's Avatar
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    So will it just be an empty lot until things get sorted out with Save Main or are they proceeding with construction?

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    Quote Originally Posted by Yossarian View Post
    So will it just be an empty lot until things get sorted out with Save Main or are they proceeding with construction?
    It won't be empty, it will contain gravel.

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    sounds like a meeting is scheduled for tomorrow (Thursday 7/18) with the historic preservation commission to discuss the Gieshe building. Probably one last Hail Mary for the save main crowd before the bull dozers start next week to prep the space. I guess the lawyers could still put a halt to the bull dozers before next week as well.

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    Forum All Star Yossarian's Avatar
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    It looks like demolition is imminent. From Save Main-

    As you may know by now, Judge Wheaton denied Citizens’ request for a temporary restraining order. The TRO is certainly a setback for the effort to save the Giesche Building. Under Illinois and Glen Ellyn law, it is understood that 400 Main LLC has the ability to demolish and Citizens understood this going in. The Giesche Building, however, was the subject of a development agreement with the Village and Citizens believed that the Historic Preservation Commission of Glen Ellyn should have been a part of the process to approve that development agreement.

    Inasmuch as Judge Wheaton’s decision addresses this issue, she spent some time addressing Citizens’ efforts to nominate the building and understood the building was historic. She noted, however, that she did not see a clearly ascertainable right to allow Citizens (or anyone as a non-owner) to prevent demolition. The statutory language many believed arose out of the DuPage Theater litigation stated that the local preservation agency had to be involved before TIF funds went to demolition of a historic structure. Citizens proceeded to use this language to stop demolition because the HPC was not involved.

    Judge Wheaton reviewed the statute and heard arguments that the HPC should have been involved before the January approvals. The Village argued that the HPC can be involved any time but it’s not required to be involved under the statute, and if it is, the statute says the HPC is involved when funds are going out—and none have gone out. The Village argues demolition funds are not reimbursable if the HPC doesn’t approve it, that the owner has a right to a demolition permit and the Village lacks the power to deny it. The owner argued it can demolish at any time because it owns the property. Citizens claimed that the HPC should have been involved early on because the funding decision led to a redevelopment agreement and the HPC’s role is meaningless after the development agreement is signed.

    Judge Wheaton denied the TRO because she did not see how Citizens could rely on the statute to prevent demolition conducted by the developer. She saw a disconnection between the claimed harm and the remedy of stopping the demolition.

    As a result of this decision, it is clear that Judge Wheaton will not stop demolition. The Village may issue a demolition permit. The owner may choose to demolish. Some believe that the owner doesn’t really want to demolish a 25,000 square foot commercial building, but the reality now is that we know the court will not stop the owner from doing so.

    The decision does not prevent Citizens from challenging the development agreement, but it does indicate that the Court does not see the failure to involve the HPC at this point in the same light as does Citizens. Citizens is evaluating an appeal but this decision has not been made. With or without an appeal, Citizens will continue to dispute the execution of the development agreement without the HPC involved as part of the process.

    The litigation will continue on other grounds. At present, we face several motions to dismiss. None of them are surprising. The Village and other defendants are challenging standing and other matters. The case is before Judge Wheaton for scheduling on July 25, 2019. Any appeal from the denial of the TRO would occur before that.

    Citizens will continue to keep you informed, and a decision is likely to occur tomorrow. It’s board has asked for an explanation of options to be delivered tonight, a budget and a review of the impact of advancing to the Appellate Court on the remainder of the case. Citizens will, of course, be considering the fact that there remains the larger battle over the project.
    Last edited by Yossarian; 07-22-2019 at 08:00 AM.

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    If this is going to get hung up for months, it would be nice if they could move the fences back a foot to allow for a decent size sidewalk in the meantime. What’s the over/under on demolition in the near future?

  9. #9
    It appears that if we don't see bull dozers and trucks by Thursday, then it could be a while before the lawyers hash this out. I noticed this AM that the construction company has placed a sign on the green fence and there is now a blueprint of the Apex development next to that.

  10. #10
    Forum All Star Yossarian's Avatar
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    Looks like demolition begins today

  11. #11
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    Quote Originally Posted by Yossarian View Post
    Looks like demolition begins today
    Nope.

    From Village:
    "On January 28, 2019, the Glen Ellyn Village Board passed Ordinances approving a Redevelopment Agreement and approving a Special Use Permit for a Preliminary Planned Unit Development (PUD) to redevelop the former Giesche Shoes building, which has been closed and vacant since late 2014, and the Village parking lot immediately to the north. The Glen Ellyn Village Board granted Final PUD approval on April 8, 2019.

    The proposed $40 million project, Apex 400, features a mixed-use building including 8,844 square feet of first floor commercial space and 107 luxury apartment units on the second through fifth floors. Additionally, as part of the project, a two story parking garage will incorporate public parking on the first floor and residential parking on the second floor. Following construction of the public parking garage, at the developer's expense, the public garage portion of the development will be owned and operated by the Village with no net loss of public parking.

    On Thursday, July 18, 2019, the Historic Preservation Commission reviewed a Nomination Form submitted in May 2019 by Citizens for Glen Ellyn Preservation requesting a Preliminary Landmark Review. Public comment was heard and the Commission approved a Resolution finding that the building does meet the criteria for landmarking. However, the Village Code landmarking ordinance states that the owner consent is necessary for designation to move forward. In this case the owner and the developer, GSP Development, LLC did not consent to landmark status and intend to proceed with the approved project.

    In addition, GSP has submitted the appropriate documents to the Illinois Department of Natural Resources, Historic Preservation Division. This agency reviews all demolition and redevelopment projects involving properties which may possess historic attributes worthy of preservation. After review of the materials submitted by GSP and conducting field work, the State Historic Preservation Office has granted permission to GSP to commence demolition of the Giesche Shoes building.

    Earlier this week, the Plaintiff, Citizens for Glen Ellyn Preservation, filed an Emergency Motion for a Temporary Restraining Order. The Motion sought to enjoin the Village from transferring ownership of the parking lot to any third party, sought to stop the Village and/or GSP from issuing a demolition permit for the Giesche Shoes building and from beginning demolition until a hearing on a preliminary injunction could be conducted. Plaintiff's argument was based primarily on the assertion that the Giesche Shoes building should be designated as a local landmark and preserved from demolition.

    After reviewing the briefs submitted by the parties, on Friday, July 19, 2019, the Court heard oral arguments and determined that Plaintiff had failed to satisfy the elements needed to obtain a Temporary Restraining Order and denied the Motion. Consequently, the authorized demolition of the Giesche Shoes building will commence as soon as August 1, 2019, weather depending."

  12. #12
    Forum All Star Yossarian's Avatar
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    You might want to correct Save Main, that’s where I got my info.

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    18BCA6B4-A56B-436F-A5B7-28B2A94F45CE.jpg

    And The Patch while your at it.

  14. #14
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    Quote Originally Posted by Yossarian View Post
    You might want to correct Save Main, that’s where I got my info.
    Not correcting, just informing.

  15. #15
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    Quote Originally Posted by Yossarian View Post
    18BCA6B4-A56B-436F-A5B7-28B2A94F45CE.jpg

    And The Patch while your at it.
    I wouldn't waste more time than I am typing this right now, Patch is worthless.

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