Residents of Old Town have taken legal action against a developer and the city of Chicago, aiming to halt the construction of a 36-story residential tower they believe is inappropriate for the area.
The lawsuit, filed on Tuesday afternoon in Cook County, was brought by the 1660 N. LaSalle Condominium Association.
They argue that the proposed development went through an improper zoning process, violated due process, and lacked adequate community involvement.
Named in the suit are the Old Town Triangle Partners I, linked to developer Fern Hill, as well as the city of Chicago and its Department of Planning and Development.
“We want to stop construction permanently,” stated Gene Murphy, the attorney representing the condo association.
Murphy emphasized the incongruity of a 36-story high-rise in Old Town, saying, “The main, gigantic elephant in the room is that a 36-story high-rise does not belong in Old Town.”
Despite requests for comment, Fern Hill did not respond.
The developer initially proposed the Old Town Canvas project at 1600 N. La Salle Drive back in 2021, as part of redevelopment efforts for portions of Old Town bounded by North Avenue, LaSalle Drive, and Clark Street.
In February, the Plan Commission approved the project, which has faced ongoing concerns from local residents and community groups regarding its revised design, a collaboration between Fern Hill and Alderman Brian Hopkins (2nd).
The redesigned project plans to feature 349 apartments, of which 70 will be designated as affordable units.
Additionally, the plans include up to 285 parking spaces and various amenities, such as a pool and fitness center.
Initially, Fern Hill had intended to develop 500 units and provide 450 parking spaces.
Rich Klawiter, an attorney with DLA Piper representing Fern Hill, previously characterized their community outreach as “exemplary,” noting that feedback from stakeholders influenced the building’s new design.
In April, the Zoning Committee approved a zoning map amendment that reclassified the property, allowing for the high-rise development.
However, the condo association claims in their lawsuit that the developer failed to send legally-required notifications to residents within 250 feet of the proposed construction site, thereby violating Chicago’s planned development laws.
Murphy commented on the lack of notifications: “Certain residents were not notified. I’m not saying it’s an easy task, but it is a task that the developer has to do.
And the developers had plenty of time and energy and money to do these administrative tasks, and they failed at that.”
While the city’s Department of Law stated they have not been served with the complaint and do not comment on pending litigation, the lawsuit raises concerns about the potential impact of the project.
The complaint argues that the development would significantly alter the scale, traffic flow, historical character, and livability of the surrounding neighborhood.
The association claims that public meetings regarding the zoning change were not transparent, effectively undermining community engagement and silencing opposing voices.
In a prior discussion, Alderman Hopkins had been against a seven-story development in the area but has since endorsed Old Town Canvas, despite its significantly larger size and potential disruption.
Hopkins did not immediately provide a comment regarding these developments.
Murphy asserted that, while the redesign might have made some adjustments, it fails to address primary concerns such as traffic congestion, architectural incompatibility, pedestrian safety, and the loss of light and air.
The construction would create “permanent shadowing of amenities” like pools and sun decks, which the association argues are seen as vital recreational spaces.
Murphy added, “In probably one of the most congested parts of the city, adding a building of that magnitude will only make and exacerbate already existing problems of congestion and traffic.”
The condo association’s building at 1660 N. LaSalle Drive is a 42-story structure built over 50 years ago, under different zoning regulations and urban planning strategies aimed at managing integration in the area.
The lawsuit posits that residents would face “irreparable harm” if the zoning decision is not revisited.
Murphy noted the changes in Old Town’s density, saying, “Fifty years ago, Old Town was not one of the most densely populated parts of the city. It is now.”
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