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Would-be condo developer sues residents who spoke out against project at city meeting

Updated: Residents of a Chicago suburb who spoke out at a public hearing against a proposed condominium project have been named, along with city officials, as defendants in a lawsuit filed by the would-be developer.

The Cook County Circuit Court suit, which was filed by 400 West Talcott LLC, alleges that the Park Ridge Planning and Zoning Commission improperly refused to approve the condo project. The residents named as defendants testified on the record, the Chicago Tribune (sub. req.) reports.

It isn’t clear why the residents have been named as defendants, the newspaper says, and they are not accused in the suit of making any false statements.

However, attorney Ken White said in a subsequent Popehat blog post that the company’s law firm, Ungaretti & Harris, may have had little choice but to name the Park Ridge residents opposed to the development.

The developer’s complaint (PDF) seeks no damages, only to overturn a land-use decision by a municipal body, he says. And, under Illinois appellate case law, the neighbors may well be “parties of record” that must be named as defendants in such a suit to preserve jurisdiction.

“In short, I think that the developer’s lawyers here are right: there is at least a reasonable concern that a court will find that they must sue the neighbors who appeared at the zoning hearings in order to get relief from the zoning decision,” White writes. “That’s a bizarre rule, but it’s Illinois’ rule, not the developer’s.”

Attorney Jack Leyhane says in a responding For What It’s Worth blog post that he is dubious about this argument. He also says the residents named as defendants may have an argument that the suit is sufficiently retaliatory to support a claim for reimbursement of attorney fees under the state’s SLAPP statute. (SLAPP is short for Strategic Lawsuit Against Public Participation.)

On one point, both Leyhane and White apparently agree: It wouldn’t be a bad idea for Illinois lawmakers to make clear that residents need not be named as defendants in such suits simply because they spoke at public meetings.

“Hello, General Assembly?” Leyhane wrote. “Meanwhile, this much is certain: this case will still be interesting to follow.”

Back in Park Ridge, Alderman Marty Maloney says the city will try to get the residents dismissed as defendants, the Tribune reports.

“I just think it’s a terrible approach by the developer,” he told the newspaper. “It’s bullying people into staying quiet in regards to what’s happening in their neighborhood, and I feel like that’s sort of unforgivable.”

See also:

Chicago Tribune (2010): “Supreme Court upholds immunity granted in Illinois Citizen Participation Act”

Updated on November 13 to include subsequent coverage by law bloggers.