“Opinions are like noses: everybody’s got one,” which is what one of my best bosses ever advised me. And so it is, the 2nd Appellate justices reviewed the Libertyville appeal, buttressed by eloquent oral arguments, and came to the opinion: “No dice.”
Our appeal to reverse the Lower Court Judge Michael Fusz’ ruling was refused. The ruling stands. The Archdiocese of Chicago may now expect the Village to re-zone the 40-acre lot on Butterfield for residential building, and along with that, allow the final plats to be submitted and approved for building the 148-units which were proposed in 2017.
This of course is subject to the Village Board’s acceptance of the decision, which will be deliberated in the next few weeks.
There is no upside to predicting future events. However, if there is an upside of any sort, it is that the proposed development still has to respect and comply to the fifty-plus requirements which the Village planning department had stipulated two years ago. And that is assuming that there is a developer who still is eager to pursue the enterprise.
Putting it all aside, we hang on to the original objections to the development as values and concerns the neighborhood held about this development. We hope that the Village departments will remember these too.
Chief among our concerns today is the forecasted population of 150 children who will live and play a stone’s throw distant from Butterfield School, and its magnificent and inviting playing fields. They are there within sight, viewed from the opposite side of a 4-lane Butterfield highway.
Hindsight is perfect vision. While the Village focused on the difficulties in local motorists making left turns out onto Butterfield, little light was shed on the dangers of pedestrian traffic– young kids, minors, venturing across the highway over which 24,000 cars speed through at 47 mph. every day. The lower court judge never heard that insight, and the opportunity to remind him now is moot.
However, the developer will still have that, among many other hurdles to pass before the shovels go into operation. We will wait to see what the Board chooses to do next, and how the parties involved will respond.
Thanks for reading and sharing, loyal Butterfield Friend and Neighbor. We will see how it all works out!
4 thoughts on “The Nose Count”
Thanks for the update.
Can a Street run parallel to train tracks and allow residents an exit on to Winchester road?
Perhaps the perfect development, if there needs to be a development, would be a senior community.
We wish that we could raise enough money to buy the land, and the Liberty Theater to boot, keep it as a community park, a cooperative garden/farm land or multi-use, some place to play, relax and enjoy, rather than cementing it over by the hands of out-of-towners, motionless, strangers that make this their business. How can a Church favor this? There must be some other compelling force. Who knows?
It’s hard for us to realize a court ruling in favor of such a flawed plan, an opposing case well made and argued and a community so adamantly opposed.
Hi Jim: It was an opportunity for our legal minds to pounce on, but I do believe that we were outmatched, despite the rightness of our cause. We will see what happens next. Question though: would the same developer wish to come back and attempt to deal with Libertyville’s departments again, and to execute the original plan? The lower court green lighted the original plan, exactly as proposed. If any players in the game change, then the whole project has to be re-negotiated. Interesting turn of affairs!