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The revelations keep coming in the lawsuit to keep the Latin School from building a soccer field in Lincoln Park.
North-side residents have formed a group called the Committee to Keep Lincoln Park Public and are suing the city, the Park District, and Latin, asking Judge Dorothy Kirie Kinnaird to issue a restraining order to block further construction, in part because the field was never approved by the Chicago Plan Commission, as required by the city's lakefront protection ordinance. The field's already about 60 percent completed.
Last Friday, during day one of the proceedings, it was revealed that no one had even acquired a building permit for the project. A lawyer for the city claimed that the Park District and Latin didn't need one to build a large Astroturf field with bleachers, a scoreboard, and drainage pipes. Of course, a back porch would be another matter.
Yesterday Judge Kinnaird expressed disbelief at the city's seeming reluctance to enforce its own lakefront protection laws. "I've never known the city of Chicago to be shy," she said. "If somebody out there is doing something they shouldn't be doing, you guys are usually in court."
So another lawyer for the city stepped in to explain why the lakefront protection ordinance--which is intended to do exactly what its name says--doesn't apply to the soccer field, never mind that it's on public parkland right across from the lake.
The city's answer this time? The "complicated" lakefront protection ordinance doesn't apply to the soccer field because the law covers construction, and the soccer field is an excavation.
Well, I'm no lawyer, but the language in the ordinance doesn't look so complicated to me. "The Chicago Plan Commission shall be the agency responsible for the administration of the Lake Michigan and Chicago Lakefront Protection Ordinance and shall . . . receive from any applicant or public agency an application . . . to undertake any landfill, excavation, impoundment, mining, drilling, roadway building or construction."
Maybe Park District attorneys just need a little refresher course. But I think there's a more plausible explanation for why the city bypassed the plan commission in approving the deal. By law, the commission has to send notification letters to property owners within 250 feet of any proposed lakefront construction project. Back in 2002, when Latin first proposed a similar deal, high-rise dwellers around the park erupted at the prospect of handing over public land to a private school. Had they been notified this time around, they would have undoubtedly raised holy hell--and this time they would have had more leverage. In October 2006, when the Park District signed off on the soccer field, alderman Vi Daley was in the midst of a heated reelection battle. Public outcry about the project would have forced her to take a stand. (As it was, she claimed the deal was sealed without her knowledge.) By ignoring the plan commission, the Park District avoided stirring up the kind of opposition that killed the last Latin School soccer field and might have killed this one. All in all, a pretty slick move.
But wait, there's more. As yesterday's hearing wound down, a lawyer for the Park District asked Judge Kinnaird to dismiss the lawsuit on the grounds that only the city has the right to block projects that violate the lakefront protection ordinance.
Let's get this straight: the city's the only entity that can keep the city from breaking the law? Follow this argument to its logical conclusion and the Park District should call the Children's Museum an excavation -- most of it will be underground, right? -- and bring the bulldozers into Grant Park next week. Who's to stop them if citizens can't rightfully sue?
Judge Kinnaird will rule on the residents' request for a temporary restraining order on Friday. See you in court.
"Well, I'm no lawyer"
That is correct, so stay the hell out of the way of business that you do not understand and stick to beating the TIF Dead Horse.
Right, Orion?
She knows that when her term is up and she goes for retention, we will bust her chops good fashion if she does not acquiesce.
The soccer field is in the bag.
You chumps can line up to play on it when Latin is done practicing.
I wouldn't predict the results of this hearing; I haven't read the briefs and have no opinion the parties' arguments.
However, you seem to be saying the law is irrelevant here--that this judge will automatically rule for the City, otherwise "we will bust her chops". Just who is "we"? Would you be part of this group? You have already been identified by name previously in this blog as a City employee. Does Mayor Daley know his employee is threatening the presiding judge?
I feel your pain, oreo.
It must be torture, trying to figure out how to appear to be doing something, all the while being as useless as a used condom.
Too bad you still have to show up, maybe if you were more adept at 'servicing' your masters, they might cover your ass after using it.
Judge Kinnaird noted that the Park Dsitrict agreement with Latin School was signed on 12/1/2006 and prior to that was discussed at only 2 public meetings as defined under the LPO. Both of those were on the same day, 10/25/06. The matter was never submitted for review to the Chicago Plan Commission as required under the LPO.
The project is 56% complete, projected to be done in the next 5 weeks. The school has already paid $2M in costs, which the judge noted the Park District might end up being on the hook for.
She stated that there were "many pertinent facts not placed before this court – no schematics, no environmental studies; unanswered questions about the playing fields, usage by public, future plans, overall guidelines as to how much of Lincoln Park will remain green space..." She gave a road map to both sides of what she would like to see more of.
She noted that some modifications to the 12/1 agreement have been made – but neither the public nor the court have been given specific info.
After stating that most of the issues argued have both legal and emotional components, she boiled them down to two questions:
1. Can the Park District build this soccer field in this location without first submitting plans?
2. Can the District grant priority use to others, in this case a private entity?
The judge stated that there is "something very troubling about this case" and noted the secrecy and continuing lack of information.
She chided the defendants, who asserted that they had held informational sessions after the fact, for "confusing the public hearings required by law with public relations meetings."
After stating her awareness that a temporary restraining order is an extraordinary and drastic measure, designed to preserve the status quo, she found that the entry of a "limited TRO" is necessary here and is justified by the plaintiffs' likelihood of success on Counts I, V, VI, VII and VIII (i.e., including the Lakefront Protection Ordinance and the Public Trust Doctrine), and that plaintiffs have ascertainable rights in need of protection, face
irreparable harm, and have no other remedy at law.
She reiterated that the plaintiffs have a likelihood of success because the LPO is unambiguous that the defendants were required to submit the plan to the Chicago Plan Commission for review and did not do so; the public must be given opportunity to know what is going on and an opportunity to be heard.
The court also observed that the current "trend is for public-private partnerships" and that the case raised the question, "how far can this go? What other schools on the lakefront get to do what Latin School wants to do?"
She then noted that this case might not be in court at all if the Park District had decided on its own to build the field, absent true environmental issues about building a playfield in a park. She said that she had not seen anything sufficient to second guess that decision, to build a soccer field.
As a result, her decision was to allow for the time being work to proceed so as to allow completion of the field itself, but work on all the accessory structures -- scoreboard, lighting, paved walkways, advertising signage -- are enjoined, as is the "priority usage" by Latin School.
The judge then set a preliminary injunction hearing on May 20 (i.e., when she will dissolve the TRO or convert it into a more long-lasting injunction), and in the meantime discovery (depositions, document requests and the like) can start immediately.
Wow.
Orion is just regaining consciousness.
That must have been one extraordinary 'service' session with his masters.
Did they at least give you the weekend off?
Now that's what I call a comment worth posting.
Jump in the waters fine! Coconuts is after you and Patrick Daley! Coconutty says on his website that you were the Deputy Commissioner at Water Management(2003 to 2005) when City Workers and City Equipment were told to stay in the 39th and ashland facility so MSS and Patrick Daley had some work product to show for the contract of $5 million dollars.
As an attorney, I'm surprised at the judge's ruling because it is the right one and is against the Powers-That-Be.
Every once in a while you get a courageous judge who does the right thing. Then they get crushed. I predict she will get transferred to a Misdemeanor branch court or to Skokie or Markham. I hope not, mind you.