Business Lied To Hinsdale Officials: Leader

HINSDALE, IL – Hinsdale Village President Tom Cauley on Tuesday accused representatives of a business of lying to police and a village official about planting trees.

As evidence, he cited his own eyes.

At 110 E. Ogden Ave., a two-story chiropractor's office is being built. At one point, crews removed trees near the property line that served as screening for the neighbors in the 100 block of East Fuller, Kelly and Jared Staver.

Now, the couple can see Ogden, a major commercial thoroughfare, from their backyard. This has resulted in an ongoing dispute.

The Stavers said some of the trees were in their yard; the business owner, Dr. Cara VanWormer-Hartman disagreed.

At Tuesday's Village Board meeting, Cauley said his plan was to find a reasonable solution for both parties in time for a board meeting in two weeks.

On Saturday, though, Cauley said he received an email from Jared Staver that crews from the project were planting shrubbery along the property line. Cauley said nothing was supposed to happen until an agreement was reached.

Cauley said he drove to a parking lot across the street from the project and saw workers planting trees. Then he said he received an email from the village's building commissioner, who said the contractor told him the workers were not planting anything and were only prepping the site for landscaping.

Cauley said he knew that wasn't true because he was watching.

Then the police were called. A landscaper told officers that the workers were just pulling weeds and cleaning, not planting, Cauley said.

But a police officer noted seeing freshly planted trees,

"I thought it was crystal, crystal clear that there would be no planting before it came before the board for approval," Cauley said.

Cauley said he didn't believe the business was acting as a good neighbor.

The chiropractor's office's lawyer, Patrick Walsh, said the village was only getting one side of the story. Then he noted Cauley was shaking his head.

"Let me stop you," Cauley said. "I'm angry about this. Do you understand that you're not supposed to put anything on the south property line? Do you understand that? Yes or no."

Walsh replied, "What was the rule on that? Was there an order?"

Cauley said he asked the business to come to explain why it misled the police and building commissioner.

"Your representatives lied and said they're only clearing it. Something's happening here, and it's not right," Cauley said.

Walsh said the accusation of lies was out of line.

Cauley said, "It's on the police report here."

Walsh said police reports are challenged all the time in court.

VanWormer-Hartman said her business needed to act on the landscaping soon, given that winter was approaching. And she said a $4 million loan for the project was on the line, saying the deadline for work was six weeks away.

She said the village staff has treated her business in the "most rude, accusatory ways." The village, she said, does not know the pressure of the loan that's coming to a close.

"We're out there to open the clinic as soon as possible," VanWormer-Hartman said.

She said her business was improving a "rat-infested" property that had been vacant for a decade.

Both she and Cauley acknowledged the matter might end up in DuPage County Court in Wheaton.

Cauley has raised the possibility that the village would withhold the business' occupancy permit until it solved the landscaping issue.

VanWormer-Hartman said she had her doubts.

"Can you withhold occupancy over trees? I have been advised that that's not legal," she said.

"We'll find out," Cauley said.

Kelly Staver, who lives on Fuller Road, said she disagreed with VanWormer-Hartman's assertion that the business was up against the wall.

Staver said the village alerted the company it needed to produce an exterior site plan in late March. Six months have gone by without such a plan, she said.

The Village Board plans to address the dispute at its Oct. 18 meeting.

As for his feelings about what happened Saturday, Cauley said, "I'll try to put this all behind me. I don't know if I can, but I'll try."