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Hinsdale, Illinois |


Published July 19, 2007

Judge rules ZBA must be listed as defendant in suit

   The Hinsdale Zoning Board of Appeals now is a named defendant in a village lawsuit.
   The village filed suit in May asking a DuPage County 18th District Circuit Court judge to declare that the village board’s approval of The Hinsdale Club planned unit development cannot be appealed to the ZBA. The suit was filed after 60 residents filed an application May 23 with the ZBA to appeal the approval.
   After the village filed suit, Foxford, which also was named as a defendant, filed a two-count counterclaim, said attorney Scott Hardek. The first count essentially mirrors the village’s request for declaratory judgment, he said.
   “Our second count was for preliminary and permanent injunction to injoin or stop the ZBA from moving forward with its hearing,” Hardek said.
   A motion also was made asking the court to determine the ZBA is a “necessary and indispensable party,” he said.
   Judge Kenneth Popejoy ruled July 6 that amended complaints must be filed listing the ZBA as a defendant. The village filed its amended complaint document July 11.
   Popejoy’s ruling also applied to the counterclaim filed by the residents named as defendants, Hardek said.
   The next hearing is set for Sept. 17. Other than the filing of briefs, Hardek said nothing is scheduled to take place in court before then.
   ZBA Chairman Tom Nelson declined Tuesday to comment on the matter.



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