Homeowners and businesses in an unincorporated Elk Grove Township neighborhood have filed suit to block a proposed warehouse from opening next to them.
The plaintiffs include about 10 homeowners and businesses north and west of where a proposed 188,400-square-foot trucking warehouse would be constructed. They argue the redevelopment would violate their property rights, alter the character of the neighborhood, and harm their property values, and have asked a judge to stop developer Logistics Property Co. from pursuing the plans.
The company, which is seeking to have the land annexed into Elk Grove Village and rezoned for industrial use, did not immediately respond to a request for comment Thursday afternoon.
At the heart of the property owners' legal argument is a 1957 land covenant recorded with the Cook County recorder of deeds that says single-family homes can only be built on the properties.
Logistics Property Co. got nearly two dozen homeowners to agree to sell to make way for the warehouse on 10 acres north of Landmeier Road and east of Roppolo Avenue. The suit says five of those homes along Roppolo are bound by terms of the covenant, and can't be developed into something other than a residential use.
Logistics officials have said they don't view the covenant as "valid, enforceable, or relevant" to its application pending before the village.
The lawsuit also points to an easement -- established by deed in 1952 -- that gives property owners access along Richard Lane to get to and from Landmeier. But under Logistics' proposal, a portion of that private road would be removed to make way for the building.
The covenant and easement "runs with the land and benefits all owners ... and their successors," the suit argues.
Among the plaintiffs named in the suit are AGG Properties LLC, at 750 Richard Lane. Vehicles from that business would still be able to exit north on Richard to Higgins Road, but have to take a different route to get to Landmeier.
Homeowners included in the group are Dawn Jablonski, whose home would be cater-cornered from the warehouse, and Heather Maldonado, who lives on nearby Dierking Terrace. They and their families were among the most vocal opponents of the project plans that had their first review at the Elk Grove Village plan commission Aug. 5. That panel endorsed the plans.
The project is now under consideration by the village board, which has scheduled a public hearing on the pre-annexation for 6:45 p.m. Sept. 10.