Neighbors May Sue Darien Over Body Shop Approval

DARIEN, IL – Neighbors of a proposed auto body shop plan to sue Darien over its approval of the shop earlier this month.

In an email to neighbors, resident Paul Cozza said he and others will retain a local lawyer to seek a temporary restraining order against Darien, property owner Storebuild and Gerber Collision & Glass.

The chain auto body shop is planned for the old CVS Pharmacy southeast of Lemont Road and 83rd Street.

With the court order, neighbors would have time to determine whether Darien violated any permit approval procedures, including whether it failed to consider the shop's environmental effects, Cozza said.

In an email to Patch, Darien City Administrator Bryon Vana said the city would not comment on potential litigation.

During public hearings, residents expressed concern over the effects of the shop's chemicals on water and air quality. Gerber executives promised to follow state regulations.

In his email, Cozza, who lives in the nearby Brookeridge subdivision in Downers Grove, said the goal is to prevent Gerber from coming in.

"If, however, Gerber is allowed to proceed after any legal objections, local residents would demand assurances that all necessary procedures, safeguards and testing be in place to fully assure the ongoing wellbeing of our community, including good quality air and ground well water," Cozza said.

In a 4-3 vote, the Darien City Council approved the shop. Earlier, the city's Planning and Zoning Commission voted it down 7-1.

Cozza asked residents to join the legal proceedings.

"The more property owners participating, the bigger the impact of our legal filing and the lesser the financial burden of the process on an outcome that will benefit all local residents," he said in the email.

In an interview with Patch, Cozza said the effort to get a temporary restraining order should come to fruition next week.

Those interested in joining the litigation are asked to email Cozza.