City Asks judge to "reconsider"
The City of Galena has filed a “Motion to Reconsider” the lawsuit victory by Wendy Clark regarding the Parker resort. The developer, David Hooten of Wheaton, IL, has done the same.
A motion to reconsider is different from an appeal. This motion means that the City and Hooten believe the judge has interpreted or applied the law incorrectly and wants him to review his opinion.
The majority of the City Council apparently feels that spending $111,000 on this case is not enough. So we need to spend more in the effort to force the Parker resort down our throats.
The City’s motion says, in effect, that they didn’t allow cross-examination in their zoning hearings, even though their procedures call for it, because according to their interpretation of the law, they don’t have to.
This is a common theme with the City in the Parker development approval process. A lot of people suggested they slow down the process and take more time to examine the proposal and its consequences, both intended and unintended. But the City didn’t – because they said they didn’t have to. Citizens requested a town hall and neighborhood meetings, but the City didn’t do them - because they said they didn’t have to. IDOT and the County requested that the City do or require a traffic study before approving the development, but the City didn't -- because they said they didn't have to.
One of the interesting things about all of this is that the lawsuit does not require any payment to Wendy Clark. It only required the City to nullify the Parker approvals, and presumably include cross-examination in future zoning hearings. Instead, the City Council has decided to spend more taxpayer money so that they can try to get a court to agree that they don’t have to do that.
It simply makes all of us wonder what questions they are afraid residents are going to ask.
Please let your City Council members and the Mayor know how you feel about this ongoing use of your tax dollars. Also, please consider contributing to help support the legal case.
After fast-tracking the original development approvals, the City and the developer have stretched out the lawsuit with repeated requests for extensions, filing unsuccessful motions to dismiss the case, and now filing motions asking the judge to reconsider his decision. The effort has become very costly, and your help is deeply appreciated.
Thank you again for all you are doing for the effort – both to question the decision to build this resort and to get the City to act in a responsive way to the citizens of this City!
