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.