Wolf Point lawsuit dismissed
19-Nov-13 – Saying the amended planned development does not deprive anyone of constitutionally protected property interest, a U.S. District Court judge on Tuesday dismissed the lawsuit filed by a condo association to stop development of Wolf Point.
The Residences at Riverbend Condominium Association – led by Ellen Barry, John Simon, Peter Broido, and William Aylesworth – sued the City of Chicago on May 30, claiming they were denied adequate opportunity to present their opposition to a plan to build three towers on nearby Wolf Point.
They said they were “deprived of procedural and substantive due process of law as well as denied equal protection under the law.”
The rapid growth of their neighborhood, they claimed, had already stressed its infrastructure. Traffic backed up during rush hour and first responders could not quickly reach emergencies.
Judge Amy J. St. Eve did not sympathize. In her analysis, she pointed out that the Riverbend condo owners do not own property on Wolf Point, just adjacent to it. The state law on which they were basing their case, she says, merely outlines the procedure for giving proper notice of requests for zoning variations and does not grant constitutionally protected property rights.
Furthermore, says St. Eve, “Illinois courts do not recognize property values, air, or light as constitutionally protected property interests.”