Decision From Judge Favors Red Seal Opponents

The complete record of hearings opponents of the planned Provenance development in the Mission Hills Golf Course wanted inadmissible in court are, but that doesn’t necessarily mean a lawsuit from several Mission Hills homeowners’ associations will be won.

The Cook County Board voted earlier this year that the original planned unit designation of Mission Hills had expired, and a new one put in place to allow Provenance - a 137-unit planned development on half of Mission Hills - to take shape. But a judge earlier this month ruled that will not be on the record in a lawsuit, the Northbrook Star reports.

The lawsuit, filed May 7 by representatives for seven homeowners’ groups claims the new development, a project of Red Seal Development, would significantly lower property values and create flooding issues.

While the judge ruled in favor of the Red Seal opponents’ motion, no judgment was made against the developer, and CEO Todd Fishbein showed confidence in a written response.

“Red Seal is pleased with Judge Novak’s recent ruling and is confident [it] will result in a judgment approving the County Board’s zoning approval,” according to Fishbein. “Looking at the transcript of her ruling, Judge Novak ruled that substantial portions of the record of proceedings before the Zoning Board of Appeals – such as the testimony of the experts – could be used in a motion for summary judgment. As the full ‘wholesale’ record was nearly 5,000 pages, this is an important and straightforward way for both sides to get to the heart of the issue.”

The judge also made a statement that indicates the ruling is only to “simplify” the case.

more via the Northbrook Star