Developer eyes new Garfield litigation
Garfield developer Anno Domini IV LLC has threatened to seek more than $10 million in damages from the village if Hinsdale trustees decide, at the conclusion of deliberations now under way, to revoke an ordinance that granted approval in February 2004 to construct the project.
In a letter sent Feb. 17 to the village, the developer’s attorney warned of further litigation if approval of Garfield I is revoked. Such a move by the village would be seen as a breach of contract between the village and Anno Domini IV, and in violation of a development agreement the two sides reached in April 2005, the letter states.
Spokesman for Anno Domini IV Matt Baron said the letter was meant to serve as “reinforcement” that “puts a price tag on the damages” should trustees pursue this route.
“We view (revocation) as being a breach of contract,” he said.
Interim Village Manager Dave Cook said that although the village had received Anno Domini’s letter, trustees had not discussed it.
“It did not deter us from going forward,” Cook said.
The Village Board held a public hearing Feb. 18 to consider revocation, in which Cook said he testified to explain why the step was necessary in light of the decision reached by the village’s Zoning Board of Appeals in December.
The ZBA’s ruling upheld residents’ challenge of the Garfield I and found the project to be void at the time of village approval, because the zoning panel said it failed to fully comply with village zoning code.
Anno Domini appealed the ZBA’s ruling Jan. 13 in DuPage County Circuit Court.
Cook said the village has been advised by its legal counsel that rescinding approval of Garfield I would prevent construction of the project and force the developer to re-submit design plans that would begin anew the approval process – regardless of pending litigation.
The hearing held over the weekend included testimony from certified planner Scott Harrington of Vanderwalle and Associates of Madison, Wis., who reviewed village documents and also deemed the Garfield I in violation of Hinsdale zoning code regulations when it was approved, Cook said.
Anno Domini IV did not file an appearance to speak at the hearing, Cook said.
Baron said that the move was meant to send a message.
“We were not present because we did not want to lend legitimacy to the hearing,” he said. “We did not want to dignify the process.”
Cook said community members were also given an opportunity to voice their concerns about the Garfield I at the hearing, but none chose to speak. A second public hearing had been scheduled for Thursday, Feb. 23, but was cancelled because public comment has been closed, Cook said.
Written communication on the matter, though, will be accepted by the village until Monday, March 6.
Cook said he expected trustees to discuss a timetable for their deliberations during the Village Board meeting Feb. 21, and could issue their decision on revocation before the end of March.