Long Grove Country Club Estates v. Long Grove

• Decision Date: 01 July 1988
• Docket Number: No. 82 C 6868.,82 C 6868.
• Citation: 693 F. Supp. 640
• Parties: LONG GROVE COUNTRY CLUB ESTATES, INC., et al., Plaintiffs, v. The VILLAGE OF LONG GROVE, et al., Defendants.
• Court: U.S. District Court — Northern District of Illinois

693 F. Supp. 640

LONG GROVE COUNTRY CLUB ESTATES, INC., et al., Plaintiffs, v. The VILLAGE OF LONG GROVE, et al., Defendants.

No. 82 C 6868.

United States District Court, N.D. Illinois, E.D.

July 1, 1988.

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Matthias A. Lydon, Pierce, Lydon, Griffin & Montana, John A. Dienner, III, Chicago, Ill., for plaintiffs.

Alan O. Amos, Stephen E. Sward, Rooks, Pitts, Fullagar & Poust, Chicago, Ill., Gregory G. Lawton, Sarah Hansen Sotos, Judge & Knight, Ltd., Park Ridge, Ill., George B. Collins, Collins & Amos, Richard M. Carbonara, Asst. Atty. Gen., Michael I. Miller, Michael J. Gill, Isham, Lincoln & Beale, Robert Marc Chemers, Pretzel & Stouffer, Chtd., Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

HOLDERMAN, District Judge:

Before the court is plaintiffs' motion for reconsideration of its February 27, 1987 decision to grant defendants' motion for summary judgment. Since the entry of that order plaintiffs have brought certain facts to this court's attention. Additionally, on October 26, 1987, the Circuit Court of Lake County reached a decision in related litigation. (Nos. 77 MR 176 and 80 L 430). Consequently, this court has reconsidered its February 27, 1987 decision and again grants defendants' motions for summary judgment.

Certain Long Grove ordinances are relevant. Subdivision Control Ordinance # 7, last amended in November 1957, provides that: (1) subdivisions and improvements must conform to the regulations set forth "hereinafter"; (2) because of the topographical condition of the area, "special considerations shall be given to the natural storm water drainage and sewer disposal systems. The Plan Commission shall request additional proof for the said sewer and drainage facilities, preventing floods, overflows, or retarded drainage;" (3) "lots abutting upon a water course ... shall have an additional depth or width as required to provide an acceptable building site"; (4) no building permit shall issue until a copy of the subdivision plat, bearing the approval of the Village Mayor, Village Plan Commission and Village Counsel, is recorded.

On June 11, 1964 the Village Board adopted the Subdivision Control Ordinance ("the 1964 Regulations"). The 1964 Regulations apply to "all subdivisions made within ... Long Grove" subsequent to June 11, 1964.

One of the purposes set forth in the Regulations is "to safeguard the public against flood damage." Article III of the Regulations sets forth the Village's plat procedure, including provisions that: (1) the final subdivision plat shall be recorded with the Lake County Recorder after approval by the Village President and Plat Officer; (2) recording of the final plat "authorizes" the issuance of building permits but does not constitute acceptance of dedications; (3) the subdivider shall pay certain fees to the Village; (4) building permits shall not issue until the Plat Officer notifies the Zoning Officer that the final plat has been approved and recorded; and (5) certificates of occupancy shall not issue until the Plat Officer notifies the Zoning Officer that the required improvements have been completed and approved.

Article V of the Regulations sets forth design standards, including provisions that: (1) each subdivision shall be appropriate to the topography, the drainage and other natural features of the site; (2) land subject to flooding shall not be platted for residential occupancy nor for any use which may aggravate the flood hazard; such land shall be set aside for uses which will not be endangered by flooding and will not reduce the capacity of the flood plain; (3) when a subdivision is traversed by a water course or stream "there shall be provided a storm water easement or drainage right-of-way conforming substantially with the lines of such water course and such further width or construction as will be adequate for proper drainage."

Article VI of the Regulations provides for improvements, including streets, culverts and bridges. Article VI(E)(3) states that (1) "adequate drainage structures shall be provided;" (2) all improvements shall be inspected at the subdivider's expense; and (3) the subdivider shall pay to the Village fees to defray inspection and engineering services.

Article VII of the Regulations provides engineering specifications. Article VII(c)(1) provides specifications for culverts, including minimum length, minimum diameter, and preferred material. Article VII(c)(2) provides that "all bridges and culverts having a span of more than ten feet shall be approved by the Bridge Engineer, Department of Public Works and Buildings, State of Illinois."

Article VII of the Regulations provides for dedications. Article VII provides that all new streets shown on a plat shall be dedicated outright to the public. The "public agency," however, can refuse any dedication.

Article IX of the Regulations allows for modifications and appeals. Under Article IX, the Planning Commission, under certain conditions, may vary the terms of the Regulations. Article IX(D) provides that any person aggrieved by a decision by the Plat Commission can request a hearing before the Village Board. The Village President shall schedule a hearing within 30 days of such a hearing request.

On May 24, 1977 the Village adopted Ordinance 77-0-8. Ordinance 77-0-8 became effective on May 24, 1977. It applies to all building permit applicants. Ordinance 77-0-8 provides that, as a condition to receipt of a building permit, an applicant must (1) donate various sums to certain local funds, e.g. local school district funds and the Village's general fund and (2) follow a new fee schedule.¹

On October 9, 1979 the Village amended Ordinance 77-0-8 ("the Amendments") to require that an applicant complete subdivision improvements or post a bond for completion of these improvements before receiving a building permit.

BACKGROUND FACTS

The parties agree on the following facts. Robert Anderson is President and sole shareholder of Long Grove Country Club Estates, Inc. ("LGCCE"). Defendants are the Village of Long Grove ("Village"), past and present Village Trustees, the Village Attorney John Mullen, the past and present Village Presidents George Dixon and Robert Coffin, Village Engineer John Bleck, and Illinois Department of Transportation employee Karen Kabbes.

LGCCE acquired, subdivided and sold land in Long Grove, Illinois. 22 sites in the LGCCE subdivision are located in Unit 7. In 1962 LGCCE recorded a plat of the LGCCE subdivision. In March 1965 LGCCE recorded a plat of Unit 7. Before this plat was recorded, the Village of Long Grove Board of Trustees ("the Board") approved it.

1. Culvert Construction Facts

On August 10, 1978, the Illinois Department of Transportation's Division of Water Resources received LGCCE's application, under Ill.Rev.Stat. ch. 19 § 70, for a permit to build two culverts over Buffalo Creek. LGCCE's only access to Unit 7 was by these proposed culverts.

On September 5, 1978 Karen Kabbes, a civil engineer with the Illinois Department of Transportation ("IDOT") wrote to LGCCE's engineer stating that the proposed culverts would cause an excessive amount of backwater.

Ms. Kabbes noted that LGCCE's application did not consider outlet control conditions. She directed the LGCCE engineer to redesign the culverts so as "to meet created head criteria, taking into account the additional losses."

On September 29, 1978 the Division of Water Resources received revised culvert plans. Ms. Kabbes noted the following deficiencies: (1) the calculations did not use the correct "TW" depth; (2) the calculations did not show how "H" was derived and had an incorrect "H" value; (3) the plans did not show the double 8x8 box culvert details, headwall details and proposed culvert inverts.

On October 2, 1978 Ms. Kabbes called the LGCCE engineer, informed him of the deficiencies and requested corrected plans. (PX 5, attached to Plaintiffs' Motion for Partial Summary Judgment).

On October 10, 1978 the Department of Water Resources received another set of revised plans. Ms. Kabbes noted that the plans and calculations were inconsistent, the plans showing one culvert as 35 feet long with a .57% slope and the other culvert as 50 feet long with a .60% slope. The calculations, however, assumed both culverts to be 50 feet at .5% slope. According to Ms. Kabbes' uncontradicated affidavit, on November 9, 1978 she called the LGCCE engineer and informed him of these new deficiencies. He stated that the plans were wrong and promised to send new plans.

Prior to 1978, IDOT generally issued a public notice only after IDOT had approved an applicant's plans for construction. In 1978, however, because of increasing delays in IDOT approval, IDOT began issuing public notices before it had actually approved construction plans.

In the present case, Mr. Anderson told Ms. Kabbes that he was really behind and "wanted to push the permit," so after a quick review of the new calculations, on November 16, 1978, Ms. Kabbes issued a public notice. The notice described the proposed culverts and invited public comment.

On November 29, 1978 the Village Administrator, D.M. Doughty, wrote a memo to the Village Engineer, Jack Bleck. The memo directed Mr. Bleck to work with the Village Attorney, Mr. Mullen, to prepare a letter on the proposed culvert permit. Mr. Doughty told Mr. Bleck to discuss four particular items: (1) the wisdom of two culverts; (2) the possibility that Buffalo Creek would parallel the dedicated roadway for 150 feet; (3) the fact that the culvert crossing would run on a publicly dedicated roadway, so that the Village should sign the culvert permit; (4) a request that IDOT delay its decision so that the Village could review the culvert design.

On December 5, 1978 Mr. Bleck wrote Mr. Mullen and set forth his recommendations as to the proposed culvert. Mr. Bleck recommended that: (1) a single, larger structure...