South Barrington could join lawsuit seeking to block church plan
South Barrington officials could join a lawsuit against the South Barrington Park District that aims to void a land deal and stop the proposed construction of a church and school in town.
Village leaders on Friday filed paperwork to formally intervene in the lawsuit, which eight residents filed in March. The move, if approved by a judge, would allow the village to protect its rights and to stay informed as the case progresses. The village would not become a plaintiff in the case, nor does intervening create an adversarial relationship with the park district, said Jim Vasselli, the village’s attorney.
The lawsuit involves an undeveloped, 34-acre site at Bartlett Road and Route 59 known as Area N.
The village hopes to get guidance from a judge about whether it should proceed with a rezoning request and related procedural matters concerning the land, Mayor Paula McCombie said in a public statement issued Friday.
A Schaumburg-based group called Fourth Avenue Gospel, which is owned and operated by a suburban congregation of the Plymouth Brethren Christian Church, purchased the land through a February auction for $2.3 million.
Fourth Avenue used a specially created limited liability company called Area N Development to bid on the land and close the purchase. Using that legal entity allowed Fourth Avenue to avoid publicly identifying itself as the buyer until after the deal was finalized.
That was the second time Fourth Avenue Gospel won an auction for the land. It first did so in May 2023 after voters approved a plan to sell the property through an auction, with proceeds to be used to improve existing parks.
Fourth Avenue was the only bidder at the first auction, offering about $1.7 million for the site. But the park district board canceled the sale before a scheduled real estate closing because of community opposition over the proposed use of the land, the potential environmental impacts and some of the Plymouth Brethren's practices, among other concerns.
The second auction was legally improper, the lawsuit claims, because the park district board approved a bid at the first auction in 2023. For a second auction to be held, they allege, the board needed to reject all bids the first time.
Additionally, voters should decide if a second auction should be held, the lawsuit claims.
The plaintiffs also allege Area N Development shouldn’t have been allowed to buy the property via the second auction because park district officials didn’t know who was behind the company and couldn’t determine if it was a responsible bidder as required by law.
The property is zoned as a planned unit development and designated as parkland. To build a church and school, Fourth Avenue needs the village board to amend the development plan. Before the board can take any action on the proposal, it must first be reviewed by South Barrington’s plan commission, which advises the board on development-related issues.
The village’s attempt to join the lawsuit aligns with its “commitment to legal compliance and transparency,” McCombie wrote.
The lawsuit is scheduled for a hearing in Cook County court on Aug. 8, Vasselli said. The plan commission is scheduled to meet Aug. 9.
The plaintiffs’ attorney, Mohit Khare, said he and his clients support the village intervening in the case, as well as delaying the plan commission’s review of Fourth Avenue’s plans until the lawsuit is resolved.
A park district representative couldn’t be reached for comment.