LaSalle Bank National Ass'n v. City of Oakbrook Terrace

913 N.E.2d 130, 393 Ill. App. 3d 905
CourtAppellate Court of Illinois
DecidedJuly 22, 2009
Docket2-07-0468
StatusPublished
Cited by1 cases

This text of 913 N.E.2d 130 (LaSalle Bank National Ass'n v. City of Oakbrook Terrace) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LaSalle Bank National Ass'n v. City of Oakbrook Terrace, 913 N.E.2d 130, 393 Ill. App. 3d 905 (Ill. Ct. App. 2009).

Opinion

JUSTICE HUDSON

delivered the opinion of the court:

On August 29, 2006, plaintiffs, LaSalle Bank National Association, as successor trustee to First State Bank and Trust Company of Franklin Park, as trustee under trust agreements dated July 30, 1982, and known as Trust Nos. 866 and 867 (LaSalle); Donna L. Krilich; and Robert R. Krilich, Sr., filed their first-amended complaint against defendants, the City of Oakbrook Terrace and Thomas Mazaika, as mayor of the City of Oakbrook Terrace. In the complaint, plaintiffs requested the issuance of a writ of mandamus compelling defendants to initiate condemnation proceedings with respect to certain property located in Oakbrook Terrace. Defendants filed a motion to dismiss plaintiffs’ first-amended complaint, pursuant to section 2 — 615 of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 615 (West 2006)). Finding a lack of ripeness, the circuit court of Du Page County granted defendants’ motion and dismissed with prejudice plaintiffs’ first-amended complaint. We affirm.

I. BACKGROUND

A. The Parties

LaSalle is the record titleholder of approximately 100 acres of real property (subject property) located within the corporate limits of the City of Oakbrook Terrace. Robert R. Krilich, Sr. (Robert), is the beneficial owner of the subject property. Donna L. Krilich (Donna) is Robert’s spouse and holds a power of attorney over the land trusts that are the record titleholders of the subject property. The City of Oakbrook Terrace (City) is a municipal corporation located in Du Page County, Illinois. Thomas Mazaika (Mazaika) was the City’s mayor at the time plaintiffs initiated this action.

B. The Annexation and Rezoning of the Subject Property

According to plaintiffs’ first-amended complaint, the subject property was formerly part of a 120-acre parcel (annexation parcel) that was annexed into the City. Twenty acres of the annexation parcel were later sold and developed as part of Lincoln Centre. 1 Prior to the annexation, the annexation parcel was part of Du Page County and was zoned R-3 with a special use for multiple-family development. This zoning classification permitted development of approximately 2,000 multiple-family dwelling units.

In 1972, the City, Robert, and Donna executed an “Annexation Agreement” pursuant to which the City annexed the annexation parcel. In conjunction with the annexation, the City adopted an ordinance whereby the annexation parcel was zoned within the B-4 service district with a special use for a planned unit development. See Oakbrook Terrace Ordinance No. 72 — 7 (1972). This zoning classification permitted both commercial and residential development, including the construction of 2,731 multifamily residential dwelling units in low-, mid-, and high-rise buildings. From the date the subject property was zoned B-4, various roadways, townhomes, recreational facilities, utilities, sidewalks, and an office complex were constructed on the subject property. On November 28, 1986, following the expiration of the Annexation Agreement, the City entered into an agreement with Robert and Donna (1986 Agreement), which, according to plaintiffs’ complaint, “recogniz[ed] and agree[d] that the OWNERS were vested with the right to complete the development of the [subject property] in accord with the provisions of the Annexation Agreement.” Thereafter, subsequent development included the construction of a portion of the commercial area of the annexation parcel that has subsequently become known as Lincoln Centre and the development of the subject property with additional utilities, roads, and stormwater detention facilities.

In 2003, the City adopted an ordinance amending its “Official Comprehensive Plan.” See Oakbrook Terrace Ordinance No. 02 — 73 (2003). This ordinance created the “Unit 5 Area Plan,” which applied to approximately 236 acres of land within the City, including the subject property. The City also amended its zoning ordinance to create a new district called the “M-U” or “Mixed-Use Zoning District.” See Oakbrook Terrace Ordinance No. 03 — 37 (November 25, 2003). Subsequently, the City rezoned the subject property from B-4 to the new M-U classification. See Oakbrook Terrace Ordinance No. 03 — 44 (January 1, 2004). The M-U district is comprised of three subdistricts, one of which is a planned residential subdistrict. The planned residential subdistrict provides for single-family attached and detached residences at an overall gross density of no more than seven dwelling units per acre. According to plaintiffs, under the M-U classification, the further development of the residential portion of the subject property would be limited to approximately 300 dwelling units, as opposed to the more than 2,700 units for which it was previously zoned.

C. Development Contract

On August 18, 2005, AvalonBay Communities, Inc. (AvalonBay), entered into a purchase and sale contract with plaintiffs for approximately 82.4 acres of the subject property (vacant property). As amended, the contract provided that if AvalonBay obtained approval for 2,731 dwelling units, AvalonBay would pay $105,620,000 for the vacant property. Between August 2005 and February 2006, AvalonBay met with representatives from the City regarding its proposed development. AvalonBay’s initial proposal for the vacant property consisted of 2,000 residential units and 2.5 acres of retail development. After consulting with the City, AvalonBay revised the residential portion of the proposed development, first to 1,741 units, and later to 1,550 units. During its discussions with the City, AvalonBay also learned that the City would require: (1) a monetary contribution of $3 million for a new water tower, new waste storage and lift station improvements, a new stoplight, and the extension of a private road; (2) the payment of impact fees and water tap-on fees of approximately $20 million; and (3) the donation of 25 acres of land to local park districts.

Ultimately, AvalonBay proposed a reduction in the number of dwelling units of the development to 1,488, consisting of 331 townhomes, 352 condominiums, 368 senior-citizen units, and 437 apartments. In a letter to plaintiffs dated February 28, 2006, AvalonBay detailed these revisions and proposed a reduction in the purchase price of the vacant property. As amended, the contract would have provided for “a floor purchase price of $62,500,000 at the land closing based on a total of 1,488 units and *** 2.5 acres of retail.” The floor purchase price represented $6.1 million for the apartment component and $56.4 million for the remaining land basis. AvalonBay further proposed that, “[i]n addition to the $62.5 million, any sale proceeds generated from the condos, senior, townhouse and retail products over the $56.4 land basis amount would be split 75% to Mr. Krilich and 25% to Avalon-Bay.” AvalonBay also indicated in the letter that it “would endeavor to exceed the 1,488 total minimum unit count and would file the plan based on 1,664 units.” LaSalle and Robert did not agree to Avalon-Bay’s proposed amendment and terminated the contract.

D. Stormwater Exemption List

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Cite This Page — Counsel Stack

Bluebook (online)
913 N.E.2d 130, 393 Ill. App. 3d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lasalle-bank-national-assn-v-city-of-oakbrook-terrace-illappct-2009.