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Elburn Herald
November 28, 2002
Judge to rule on IDOT's motion to dismiss within 14 days
by Susan O'Neill
Kendall County Judge Leonard Wojtecki heard arguments Wednesday on the Illinois Department of Transportation's
(IDOT) motion to dismiss a lawsuit filed against IDOT by Citizens Against the Sprawlway.
The lawsuit challenged the constitutionality of the state statute IDOT used to place restrictions on property along
the route of the proposed outer beltway, also known as the Prairie Parkway, that would run through Grundy, Kane
and Kendall counties.
Citizens Against the Sprawlway attorney Tim Dwyer explained that IDOT's motion to dismiss the suit argues that
since the property has not been taken, none of the property owners have been harmed.
The lawsuit was filed by Dwyer in September on behalf of 56 property owners who are affected by the restrictions.
Citizens Against the Sprawlway is the grassroots organization that has been opposing the beltway since IDOT's first
public announcement about the highway toward the end of last year.
The lawsuit, filed in Illinois State circuit court, raises both constitutional and procedural issues, and contends
that IDOT has failed to comply with state statutes before placing restrictions on the properties.
"They're ignoring the fact that we're saying the statute is unconstitutional," said Dwyer.
On July 31, IDOT Secretary Kirk Brown announced it was recording a 400-foot wide corridor stretching 36 miles from
Interstate 80 near Minooka in Grundy County to Interstate 88 east of Kaneville in Kane County.
As a result of the IDOT designation, the owners of the 193 property parcels crossed by the corridor cannot make
improvements to their property without first seeking the state's approval. If the state denies the owner's request,
it must then begin proceedings to acquire the property.
"The state has frozen their property rights without due process, without paying them for the privilege and
without following the protections guaranteed in both the state and federal constitutions," said Dwyer.
Assistant State's Attorney Mike McGivern of the Illinois Attorney General's office in Chicago, the attorney representing
IDOT, was unavailable for comment.
"This is just a game," Dwyer said. "What happens a few months from now will be important. These
are just preliminary scrimmages."
Wojtecki will rule on the motion in 14 days, according to Dwyer.