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Politics & Government

One Arm Of Gordon Park Litigation Ends, As Another Halts To The Tune Of $2.9M

One of the first lawsuits protesting the sale of a portion of La Grange Park is moot; the current protesters aren't likely to post $2.9M bond to prevent the park district's sale of the land during appeal.

While one over the sale of a portion of is winding its way through the Cook County Court system, another legal action related to the sale has been abandoned.

The Park District of La Grange Board of Commissioners voted Feb. 14 to dismiss attempts to sell a parcel of Gordon Park as authorized by a 2009 public referendum. The proposed land parcel is shy of three acres and lies adjacent to the now-demolished Rich Port YMCA, 31 E. Ogden Ave. The park district is still looking to sell the land, but under a different legal authority. Under the Commissioners Land Sale Act, Illinois park district boards of commissioners are allowed to declare a portion of a park, or all of a park, no longer needed for park purposes. The park district boards can then put the land up for sale.

Following the public referendum in 2009, there was only one bid on the sale of park land, which was challenged in the courts by Orlando Coryell. In 2009, the courts ruled the bid regulations favored Atlantic Realty Partners, the bidders, and amounted to being a private sale. Circuit Court Judge Leroy Martin ruled zoning changes granted by the village, and a land swap between the village and the park district, applied only to Atlantic Realty Partners' planned redevelopment of the former YMCA site, which would include the auctioned land. The park district appealed the ruling. However, Park District president Mary Ellen Penicook said given the recent separate ruling in the Cook County Circuit Court that approved of the park district’s authority to sell parts of the park, there was no reason to continue with the litigation surrounding the sale under the referendum.

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“There are some lingering appeals on that issue, but we saw no need to keep paying court costs for it,” she said.”

Despite the abandonment of that appeal, there's a current legal matter over the sale of the land continues to be fought in the courts.  

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That current legal matter is an objection to the sale of the land by a community organization known as Friends of La Grange Parks. In a previous interview with Patch, Friends’ attorney Tom Beyer, who also represented Coryell, said the organization wants to . Beyer said the village has little useable green space and the sale of even a handful of acres will diminish it even more.

In late 2010, a Cook County Circuit judge , dismissing the Friends' objection, and mandated the Friends pay a $2.9M surety bond by March 1 if the Friends want to stay the hand of the park district, preventing a sale while the Friends the original ruling.

But, the park district will likely be able to pursue the sale of the land, as Beyer says he's not sure the Friends will post the bond, and that he objects to the bond amount, which the judge said is to compensate the park district for any loss due to a potential sale if the Friends lose the appeal.

"Clearly (the Friends) do not have that kind of money," Beyer said.

He said the Friends could challenge the amount of the ruling, but said it is unlikely. Beyer said unless a benevolent person opts to put up the money for the bond, the Friends are likely to just continue with the appeal and risk the chance of the park district selling the land during the process.

"I think the court is wrong to put out that kind of number. It's clear that the park district owns that property, but to say they have that kind of money at risk is a fallacy," Beyer said.

Beyer said the lawsuits have accomplished the act of shining a light on the proposed land deal, especially with local elections coming up April 5, where three candidates are for two open seats on the park district board.

Beyer said he doesn't think people knew what they were voting for in the original 2009 referendum, which was passed in support of the sale.

"I suspect if people had the opportunity to do this again the public might have a different view at this point because they'd realize what they're losing," he said.  "We've given the public a chance to catch up and the park district might find itself in a questionable political position."

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