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.