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Elburn Herald
August 15, 2002
by Susan O'Neill
The process of siting the 36-mile corridor for the proposed Prairie Parkway is expected to come under attack soon.
St. Charles attorney Tim Dwyer will challenge the constitutionality of the Illinois Statute the Illinois Department
of Transportation (IDOT) used to justify the siting process.
Dwyer will represent several property owners affected by the recent siting of the highway pro bono.
"I've dealt with a lot of public policy issues before, but this one's unique. The irrationality of the project
just floors me. There are 16 townships in Kane County. You take the least populated of all of the townships in
Kane County (Kaneville and Big Rock) and put a regional transportation artery right through these beautiful farms."
The statute being challenged allows IDOT to formally record the corridor, placing restrictions on any improvements
landowners within the corridor may wish to make. Owners who wish to make an improvement to their property must
seek approval from IDOT prior to making the improvements. IDOT then would either authorize the improvements or
deny them and purchase the property.
"It's absolutely unconstitutional," he said of the statute. "It subverts due process. You can't
freeze somebody's property rights on a lick and a promise when there has been no determination as to the necessity
for this road."
Dwyer, who is currently in private practice with a firm in St. Charles, has experience with environmental issues,
having spent two years as a member of the Illinois Pollution Control Board.
Referring to the farmland to be affected by the highway between Interstates 80 and 88, he said, "This property
has been targeted for preservation through the 2020 plan. Why would you want to put a highway across Marvel Davis'
farm?"
Jan Strasma, chairman of the grassroots organization opposing the highway, Citizens Against the Sprawlway, said
that there are more than 160 property owners who are affected by the recent siting of the Prairie Parkway corridor.
"We have sent letters to the property owners affected by the current corridor," said Strasma. "Dwyer
will meet with them next week to explain the basis for the lawsuit."
According to Dwyer there are about a half a dozen plantiffs signed up so far.
"We're as angry as angry can be," said Minooka property owner Rose Ann Buhle, who with her husband James,
has joined the group of people represented in the lawsuit. "We see no logic in what they're proposing. They
say that they're trying to save money. Well, they could be saving millions of dollars by just improving Route 47.
They built a beautiful interchange at Route 47 and Interstate 80.
"I don't speculate about lawsuits," responded IDOT spokesperson Dick Adorjan. "I will leave that
to the attorneys."
However, he said that Illinois as well as some other states have used this method for a number of years.
"We have not had any problems with either this statute or its predecessor on centerline filing."
According to Kane County Assistant State's Attorney Bob Sandners, a lawsuit in Florida against a state statute
similar to the one in Illinois was recently won, finding the statute to be unconstitutional.