Lawyer Hints At Suing Elmhurst Park District Over Bandshell

ELMHURST, IL – A lawyer suggested last month his clients may take legal action against the Elmhurst Park District, depending on where it plans to build a bandshell.

On Christmas Eve, Attorney Thomas Cronin wrote a two-page letter (below) to park officials on behalf of residents opposed to putting the bandshell on the lawn next to the Wilder Mansion.

Last week, a 4-3 park board majority chose that location, despite its own survey showing a big majority of residents against it.

In his letter, Cronin said the decision was inconsistent with the survey results.

"Removing open space by constructing the bandshell on the east lawn of Wilder Mansion would materially interfere with, and diminish, the public's use and enjoyment of park lands," Cronin said. "My clients – including residents and taxpayers of Elmhurst – will be directly and adversely affected by the Park District's improvident use of the east lawn."

If the park district chooses to proceed with "destroying" the open space, Cronin said, then a "justiciable" controversy exists about whether the board has such power.

He said his clients – Andrea Hutchinson, Jim Schuetz, Lydia Wilder and Jonathan Wilder – would suffer permanent damage as a result of such a decision.

"In light of these circumstances, my clients may be compelled to seek formal legal process to protect their rights," Cronin said.

Before the board voted last week, it met for nearly half an hour behind closed doors, citing the confidentiality of attorney-client discussions. The board spoke about Cronin's letter.

Afterward, Patch filed a public records request for the letter, which the district provided Tuesday.

In his letter, Cronin did not give specific legal grounds for a lawsuit. He did not return messages for comment on Tuesday.

In response to Patch's inquiry about the letter, Jim Rogers, the park district's executive director, said the park board has reviewed and discussed the document with the district’s attorney.

Cronin also addressed his letter to Chicago-based Upland Design, a consulting firm that has helped the district plan the bandshell. He said his clients may seek documents from Upland because the firm worked closely with the district and advocated for the east lawn site.