No Legal Action Planned Against Palatine After Catherine Alice Gardens Vote

The CEO of Kenneth Young Center, one of two main stakeholders in the Catherine Alice Gardens project, told the Daily Herald a lawsuit is not planned against Palatine after the village council rejected the project Monday. 

The proposed 33-unit housing development for people with mental and physical disabilities drew strong support, and opposition. Developers wanted to build at 345 Eric Drive, a property that butts up against multi-family housing to the north and east, and commercial/industrial uses to the south and west. 

Zoning would have ultimately needed to be changed from manufacturing to residential for the project to move forward. 

A representative from the other stakeholder, UP Development, told the Daily Herald there was no comment on a potential lawsuit and said the issues are currently being researched. 

The question is a fair one to ask.

Twice over the last couple of years, lawsuits resulted after developers touting similar housing projects for people with mental and physical disabilities were voted down by nearby municipalities.   

In June of 2012, a lawsuit against the Village of Arlington Heights was dismissed after another supportive housing project with 30 units - Boeger Place - was voted down by village trustees. 

The judge ruled Arlington Heights had not violated the Fair Housing, Americans with Disabilities and Rehabilitation Acts, as they were accused of in court by the plaintiffs.

Significant zoning changes would have been required to permit the housing development.

The Village of Wheeling settled a lawsuit in June of 2013 after rejecting PhilHaven, another supportive housing project for people with physical and mental disabilities, according to the Chicago Tribune. 

In that case, Wheeling had previously approved needed zoning changes - and then voted against the project, the paper reported. The developer won all of its legal costs and the right to move the project forward.