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City says court filing by Wolf Point opponents ‘misses the mark’

Photo by Steven Dahlman (Left) The Residences at Riverbend on Sunday. The 38-story condominium is approximately 250 feet across the Chicago River from Wolf Point, seen here in lower frame. Click on image to view larger version.

30-Aug-13 – Attorneys for Chicago say the condominium association that is suing the city over development of Wolf Point did “not even attempt to respond to many of the points” in their motion to dismiss the case. On the points they did address, the response filed on August 13, say the city’s attorneys, “misses the mark.”

The Residences at Riverbend is suing the City of Chicago to stop development of Wolf Point. The city has filed a motion to dismiss the complaint. Riverbend responded to the motion and now the city has replied to the response.

On behalf of the city, corporation counsel Stephen Patton wrote in his reply, filed in U.S. District Court on Tuesday, that Riverbend condo owners have failed to identify what property interest they have in Wolf Point that is protected by law.

Landowners, he says, do not have a federally-protected property interest in the zoning of adjacent property and Illinois law does not recognize as protectable property interests that Riverbend is asserting are at stake – property values, air, light, reduced noise and traffic.

The process was fair, argues Patton. Riverbend owners had notice of city zoning hearings and were given an opportunity to speak.

As to their claim that the city “effectively suspended its zoning standards and regulations in order to benefit a politically connected family,” Patton says “this is not relevant to any of the claims asserted in the complaint and simply not true.”

Judge Amy J. St. Eve will now decide on the motion to dismiss. A status hearing is scheduled for November 5.

Houston-based Hines Interests L.P., representing the Kennedy family, wants to build three towers at Wolf Point near where the Chicago River splits into its north and south branches.

 Related story: City ignored zoning rules to benefit Kennedys, say Wolf Point opponents