New Legal Advice In LTHS Land Controversy

LA GRANGE, IL – Lyons Township High School officials agreed Monday on the next stage in the sale of the school's property in Willow Springs – get the public's feedback.

Also, the school's lawyer gave the school board far different advice from his predecessor, whom the board let go last year.

The latest discussion was prompted by Atlanta-based Pulte Group's recent offers for the land.

In one letter of intent, the developer offered $18.8 million for a development that would consist of 97 ranch homes and 96 townhomes, with age restrictions.

Its second offer was for $20.9 million for 163 houses.

In both cases, the developer would need exceptions to Willow Springs' zoning rules. As with most such proposals, the developer is asking for more housing than what is allowed under zoning.

Last spring, the board abandoned its effort to sell the 73 acres to an industrial developer. This followed an outcry from Willow Springs officials and residents. That's because the land's zoning specifically barred industrial uses.

On Monday, the board's public discussion lasted an hour. This contrasts with a year ago when such debates took place behind closed doors, breaking the state's open meetings law.

Board member Jill Beda Daniels suggested the school hold a non-binding referendum during November's presidential election to see whether residents wanted to sell the land.

Others pushed the idea of "community engagement" before any consideration of a referendum.

Board President Dawn Aubert said the school should appraise the land under its current zoning. She noted the previous appraisal was for industrial uses only.

"It seems that is a huge piece of missing information we should have," Aubert said.

In the fall, the board considered hiring a land-use consultant – an action that school attorney James Levi of the Itasca-based Hodges Loizzi law firm is advising against.

Hiring such a consultant, he said, may not be the best move because Willow Springs is firm in its position on zoning.

"The zoning is the zoning, and the developers will come up with the best way to make a profit and persuade other folks," Levi said.

That's quite different from the advice of the board's former lawyer, Ares Dalianis of the Chicago-based Franczek law firm.

In a closed meeting last January, Dalianis was confident an industrial developer would get its way in Willow Springs. He said the odds of getting a zoning change were "pretty good" and then imagined if he were a Willow Springs official.

"I'm a trustee for Willow Springs," Dalianis said. "I'm like holy cow, these guys have nailed every one of the standards. They met the requirements to change (the zoning). They have the right expert here. I really don't have a choice but to vote yes or if I vote no, it's going to be the subject of litigation, and Bridge (the developer) is going to file a lawsuit saying they didn't get fair treatment through the process."

The attorney general's office later found the board illegally closed the meeting. A few months later, the school board replaced the Franczek firm.

At Monday's meeting, Levi suggested the board hire a "community engagement" consultant to solicit local feedback on the land.

Then he explained the approach of developers to large pieces of property.

"Developers will try to tell you that 'I can't make any money on this under the zoning because I can't put in x number of units. And in order to have a return, I need so many,'" Levi said. "Density is usually a big issue."

At board members' request, Superintendent Brian Waterman said he would put together a request for proposals for a community engagement consultant. He said he would let the board review the document before it's issued.

Aubert said the board could hold off on an appraisal for the time being.