Community Organization Prepares for Court Battle Against Development at Mission Hills

As the dispute over proposed residential development on the site of the Mission Hills Golf Course moves into its tenth month, a group of dedicated community volunteers are working to rally supporters to fund a legal battle in the courts. Mission Hills Openlands, an independent consortium of residents and others affected by the proposed construction, has launched a fundraising campaign for legal services as they appeal a recent decision by the Cook County Board of Commissioners. Leaders of Mission Hills Openlands estimate that they will need to raise at least $150,000 to fund legal action, and hope to receive support from neighborhood residents as well as others who understand the need for a community to preserve the environment and greenspace.

Openlands has received a matching grant commitment of up to $50,000 from a local philanthropic family to boost its fundraising capacity. The group urgently needs a swift response, since the appeal deadline expires on May 11 and the attorneys need time to prepare the appeal.

Mission Hills Openlands’ proponents maintain that the project planned by Red Seal Development will exacerbate local flooding problems, devastate the environment and surrounding property values, and eliminate much needed greenspace and wildlife habitats. In addition, the project would negate the Planned Unit Development (PUD) status of the golf course, which is a zoning-style perpetual restriction on development. Breaking the PUD in the Mission Hills case would create a legal precedent affecting the property values of thousands of homeowners in similar golf course communities throughout Illinois. It also would create non-conforming zoning in Mission Hills. If more than 50% of a building is destroyed, its owners might not be able to get building permits to rebuild.

The opposition effort to Red Seal’s “Provenance” proposal has required an enormous amount of time and energy from volunteers, as the proposal worked its way through convoluted and politicized Cook County procedures. Volunteers with Mission Hills Openlands have attended numerous hearings and hired zoning attorney and Illinois Super Lawyer honoree Bernard Citron, zoning expert Steve Lenet, and civil engineers. They also established a public Facebook page to keep the community informed about the project’s status. Despite the strenuous efforts of Mission Hills Openlands through multiple hearings before the Cook County Zoning Board and other entities, the Board of Commissioners approved the Red Seal proposal on February 10 through irregular and politicized procedures. Nonetheless, opponents of the project believe that the political decisions will not withstand a legal challenge, and they are raising funds to appeal the Board’s decision.

“It only passed by one vote due to Cook County politics at its worst, not on the merits of the issue. Now we are forced to win legally,” notes Karen Jump, a Mission Hills resident who founded Mission Hills Openlands. “The County Board violated its own ordinances that rezoning cannot take place if it will harm property values for neighboring homeowners. If our PUD is dismantled and rezoned, it would set a precedent that would make other PUDs throughout the state susceptible to land-hungry developers. The Board also unreasonably ignored our concerns regarding flooding, increased traffic, loss of animal and plant habitat, and damage to the environment. This isn’t just a Mission Hills issue; it will affect surrounding neighborhoods and, potentially, other communities throughout Illinois who may face similar development threats.”

Time is of the essence for fundraising efforts, since the legal appeal deadline to the Board’s February decision is May 11 and the legal team will be working extensively to prepare. Donations can be made via Paypal or by check to Mission Hills Openlands. For more information about Mission Hills Openlands’ fight against the Red Seal development, visit the Mission Hills Openlands Facebook page or contact missionhillsopenlands@gmail.com.

Photo 1 Caption: Severe flooding is a frequent problem in the Mission Hills neighborhood of unincorporated Northbrook. Experts from the Northfield Township Road District predict that proposed residential construction on the adjacent golf course will make flooding considerably worse.

Photo 2 Caption: In August 2014, residents of Mission Hills staked out yellow tape to show where the iron fence of the proposed Red Seal townhouse development would be set. The fence would be only 25 feet from units of some Mission Hills buildings, eradicating current views of the golf course.