People ex rel. Klaeren v. Village of Lisle

Citation352 Ill. App.3d 831,817 N.E.2d 147,288 Ill.Dec. 22
Decision Date12 October 2004
Docket NumberNo. 2-03-0786.,2-03-0786.
PartiesThe PEOPLE ex rel. Robert J. KLAEREN II, Frieda Chernobrov, Carle R. Wunderlich II, and Aizik Chernobrov, Plaintiffs-Appellees and Cross-Appellants, v. The VILLAGE OF LISLE, Defendant-Appellee (Meijer, Inc. and Meijer Stores Limited Partnership, Defendants-Appellants and Cross-Appellees; Saint Procopius Abbey, Defendant).
CourtUnited States Appellate Court of Illinois

Thomas F. Geselbracht, David L. Reifman, Piper Rudnick LLP, Chicago, for Meijer, Inc., St. Procopius Abbey.

Mark W. Daniel, John R. Zemanak, Carol A. Watkiss, Kevin M. Carrara, Rathje, Woodward, Dyer & Burt, Wheaton, for the People.

Robert K. Bush, Derke J. Price, Ancel, Glink, Diamond, Bush, DiCianni & Rolek, PC, for Village of Lisle.

Presiding Justice O'MALLEY delivered the opinion of the court:

This case again comes before us, this time on the appeal of defendants Meijer, Inc. and Meijer Stores Limited Partnership (collectively, Meijer), from the judgment of the circuit court of Du Page County granting in part the motion for summary judgment of plaintiffs, Robert J. Klaeren II, Frieda and Aizik Chernobrov, and Carle R. Wunderlich II. Plaintiffs also cross-appeal from the trial court's judgment denying them leave to file an amended complaint and a petition for attorney fees. We affirm.

The basic facts of this case are unchanged from the earlier appeals. See People ex rel. Klaeren v. Village of Lisle, 316 Ill.App.3d 770, 250 Ill.Dec. 122, 737 N.E.2d 1099 (2000) (Klaeren I); People ex rel. Klaeren v. Village of Lisle, 202 Ill.2d 164, 269 Ill.Dec. 426, 781 N.E.2d 223 (2002) (Klaeren II). Accordingly, only a brief recapitulation of the salient facts is necessary to set the stage for our analysis; additional pertinent facts will be discussed as necessary in the body of our analysis.

BACKGROUND
The Project and the Public Hearing

Meijer, Inc. decided to build and open a new store in the Village of Lisle (village). To that end, it entered into a contract with the Saint Procopius Abbey (Abbey) to purchase a 60-acre parcel of land. Meijer, Inc. then entered into the village's zoning process, seeking to have the village pass the necessary ordinances regarding the annexation, rezoning, and special use needed to develop the parcel. Plaintiffs steadfastly opposed Meijer, Inc. throughout the process, concerned about the impact that the new Meijer store would have on their neighboring lands.

On July 9, 1998, the village held a public hearing regarding the Meijer, Inc. development, and this hearing was the focus of the earlier appeals. Pertinently, the village board of trustees (village board), the village plan commission (plan commission), and the village zoning board of appeals (zoning board) convened a joint hearing in a local junior high school auditorium. The joint hearing was heavily attended by village residents, who formed a standing-room-only crowd within the hot and too-small auditorium. At the beginning of the joint hearing, the village mayor, Ronald Ghilardi, who also presided over the hearing, stated:

"This is a public hearing. It is not a debate. There will be no attempt at tonight's hearing to answer any question raised by this audience. Questions may be addressed during the review process * * *.
To the extent possible the speaker will address questions and concerned [sic] raised by the combined boards this evening.
* * *
The petitioner will be first subject to any questions by the assembled boards. We will attempt to deal with each individual aspect of the presentation as it's made.
People in the audience speaking in favor of the proposal will then be heard. People in the audience speaking in opposition of the proposal will then be heard. The petitioner will then be allowed to make closing comments.
After closing comments by the petitioner, the public hearing will be adjourned.
Public records will remain open for written comments by interested parties. Any written comments must be received at the Village offices by 4:30 p.m. Friday, July 31st.
* * *
To be fair to everyone in the audience, I ask that you limit your comments to two minutes each. I will be the time keeper and will let you know when 15 seconds remain.
* * *
No one will be allowed to speak a second time until everyone has an opportunity to speak once. That requirement will also be applicable to members of the assembled boards."

The hearing proceeded under the rules set out by the mayor. A number of witnesses spoke on behalf of Meijer, Inc., including its architect, land planner, traffic consultant, and hydraulic engineer for the proposed project. During these witnesses' presentations, various members of the combined boards asked them questions.

After the Meijer, Inc. presentation was completed, the mayor invited those audience members in favor of the project to speak. Two people spoke in favor of the project and more than 40 people spoke in opposition to the project. One of the opponents questioned the procedures being used at the hearing, and the mayor explained that only a single representative would be permitted to speak on behalf of any group or organization and that the two-minute time limit would be enforced. Mayor Ghilardi continued:

"Rather than try and debate with you the procedure we are going to try and follow, I tried to explain at the beginning of the meeting. My instructions would give everyone who wants to speak or had a written comment an opportunity to be heard. I think that is fair.
No matter what we do it is going to be characterized as being unfair. That being the case, we are going to proceed with the suggestion I made."

The opponents raised various individual concerns about the project, including whether the project would have a greater impact on traffic than Meijer, Inc. predicted, whether the project would decrease the quality of life of the neighborhood and was inappropriate, and whether unanticipated noise pollution would occur as a result of the parking lot traffic, snow removal in the winter, and the use of garbage compactors. In addition, several opponents identified questions that they wanted the assembled bodies to ask the Meijer, Inc. representatives. Several times during the public comment portion of the hearing, the mayor warned speakers that their time had expired or was about to expire.

Following the hearing, the zoning board and the plan commission voted to deny annexation and rezoning of the subject property. The village board, however, approved the plan and made preparations to vote to approve the annexation, rezoning, and special use.

Plaintiffs' Complaint and Underlying Proceedings in the Trial Court

On February 11, 1999, plaintiffs filed a complaint against the village, seeking, pertinently, an injunction to prevent its vote approving the annexation, rezoning, and special use Meijer, Inc. was seeking in order to develop the subject property. Plaintiffs' injunction was denied because they had failed to join all of the necessary parties. Shortly thereafter, the village board adopted the necessary ordinances and approved the necessary resolutions to annex, rezone, and grant a special use for the subject property. Plaintiffs then filed an amended complaint adding Meijer, Inc. and the Abbey as defendants and adding a quo warranto claim. On September 14, 1999, plaintiffs obtained a temporary restraining order that halted Meijer, Inc.'s site preparation on the subject property. On October 4, 1999, the trial court held a hearing on plaintiffs' motion for a preliminary injunction.

On October 18, 1999, the trial court issued a memorandum opinion and order granting the preliminary injunction. Relying primarily upon E & E Hauling, Inc. v. County of Du Page, 77 Ill.App.3d 1017, 33 Ill.Dec. 536, 396 N.E.2d 1260 (1979), the trial court held that, although Mayor Ghilardi had the right, as chair of the public hearing, to impose reasonable conditions on the public's participation in the hearing, he could not completely deny plaintiffs the right to question the witnesses for Meijer, Inc. The trial court ordered that no further activity be undertaken on the Meijer, Inc. site either until further court order or until the village held a proper public hearing on the matter. Defendants appealed this ruling.

Review on Appeal of the Preliminary Injunction Order

Defendants appealed from the trial court's order granting the preliminary injunction. This court affirmed the trial court's order, holding that the complete preclusion of any cross-examination at the hearing violated due process and rendered void the zoning modifications granted by the village. Klaeren I, 316 Ill.App.3d at 785, 250 Ill.Dec. 122, 737 N.E.2d 1099. One justice dissented, contending that municipal annexation and zoning questions are purely legislative functions requiring only that the municipal board allow interested parties to present their cases rather than allowing them to cross-examine opposing witnesses. Klaeren I, 316 Ill.App.3d at 787-88, 250 Ill.Dec. 122, 737 N.E.2d 1099 (Rapp, J., dissenting).

Our supreme court allowed defendants leave to appeal this court's ruling. The supreme court affirmed this court, holding that a municipal body acts in a quasi-judicial capacity when conducting a hearing on a special use petition. Klaeren II, 202 Ill.2d at 183, 269 Ill.Dec. 426, 781 N.E.2d 223. The court concluded that the preclusion of plaintiffs' right to cross-examine witnesses was a denial of their due process rights, supporting a sufficient showing by plaintiffs that they had a likelihood of success on the merits, which entitled them to the preliminary injunction. Klaeren II, 202 Ill.2d at 185, 269 Ill.Dec. 426, 781 N.E.2d 223.

Following the supreme court's decision, on December 12, 2002, the Abbey sold the property to Meijer Stores Limited Partnership and upon the remand of this cause to the trial court, the partnership was substituted as a defendant in place of the Abbey. Plaintiffs...

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