Published June 7, 2007
Residents react to lawsuit on their
appeal
By
Pamela Lannom
plannom@thehinsdalean.com
Residents
clearly are unhappy about a decision Village President
Mike Woerner made last week to ask a judge to rule on
their appeal of The Hinsdale Club decision.
“I would
have expected more of my village than to file litigation
against citizens who have executed their right to
appeal,” Bob Neiman said Monday after a special meeting
of the zoning and public safety committee.
Neiman is
one of 60 residents who filed an application May 23
appealing the village board’s approval of the Hinsdale
Club planned unit development on Ogden Avenue. Woerner
responded by filing a lawsuit asking a DuPage County
18th Judicial Circuit Court judge to determine whether
the zoning board of appeals has the authority to hear
the appeal.
The
village should have invited the residents who filed the
appeal to sit down and discuss the issue, Neiman said.
He pointed out the irony of village’s stated desire to
avoid litigation and its decision to file lawsuit.
Caron
Schreiber, who also attended the meeting, agreed.
“It
shouldn’t be about bringing people to court,” she said,
but about representing the citizens officials have been
elected to serve.
“That’s
good government,” she said.
Mary Ann
Wands, former trustee, ZBA member and plan commission
chairman, said last week said she’s very upset about the
lawsuit.
“I feel
very bad for the village — I really do,” she said. “I
feel this is not the same village that we were 10 years
ago. It’s very different. It’s a very sad day when the
residents make a plea and they’re going to be punished
for it.
“It just
doesn’t make any sense to me,” she added. “I’m stunned.”
ZBA
Chairman Tom Nelson said the zoning board must maintain
independence and integrity and declined to make any
further comment.
“I can’t
speak about anything,” he said Monday. “I have two
active cases in front of us.”
The ZBA
did file notice with the village that an appeal had been
filed and that a stay on proceedings was in effect
pursuant to state law.
The suit
has been assigned to Judge Kenneth Popejoy, who will
determine whether the ZBA has the authority to hear the
residents’ appeal.
“We
expect the village to move for summary judgment in its
favor at the appropriate time,” village attorney Ken
Florey said.
