September 2026 Update
Court Rules Parker Lawsuit May Continue
Thursday, September 10, the Jo Daviess County Circuit Court denied the Parker developer’s request to decide the remaining count in the Parker lawsuit without going to trial.
One count remains in the lawsuit: a claim that the major commercial development will be a “nuisance” to Plaintiff Wendy Clark, whose home is immediately adjacent to the proposed project. Clark alleges that the development plan, which includes a large hotel and event center, 120 guest rental cabins including several “mini-silo” rentals, restaurant, café, winery, coffee/lounge, several outdoor dining and entertainment venues, a spa, and other commercial features spread over 97 acres adjacent to her home, will cause unacceptable impacts in the form of traffic congestion, decrease in property value, noise and light disturbances, increased flood risk, and other impacts.
In April of this year, the defendants (True North Quality Homes, LLC, and Bien Vie, LLC) filed a Motion for Judgement on the Pleadings, asking the Court to find in their favor without providing Clark the opportunity to present additional facts, evidence, and testimony in support of her claim. This motion is similar to a motion filed by the defendants more than three years ago requesting dismissal of the lawsuit. Judge Hay’s decision today incorporated in its entirety his 2023 decision denying the request for dismissal. Judge Hay also noted that information provided by Clark in the lawsuit, along with the annexation agreement and ordinance approved by the City of Galena allowing the defendant to construct all of the features in the approved plan provide sufficient grounds to allow Clark to plead her case.
The parties in the lawsuit will now continue with “discovery”, gathering and providing information they anticipate using in support of their arguments. Requests for discovery were filed several months ago; Plaintiff’s attorney Darron Burke stated today that his client has provided responses to defendants. Defendants’ attorney David Hyde stated that his client is working on providing requested information.
The Court will hear a progress update on the case in mid-November. No trial date has yet been set. We will keep you updated. Your continued support, financial and moral, is greatly appreciated and needed. Thank you!