Politics & Government

Ozog: Neighbors Could Sue Over Memorial Field

According to the attorney representing the group Our Field Our Town, Memorial Field is not in compliance with the current village code.

Jim Ozog wants to think twice about installing lights at Memorial Field.

Ozog, attorney for the group opposed to the lights, believes Memorial Field was built without the proper zoning permission, which he says allows certain neighbors to file a lawsuit.   

“I’m not suggesting that we are threatening to file a lawsuit,” said Ozog. “I think we will call these issues to District 87’s attention and to see if we might have a resolution.

Pointing to the Glen Ellyn zoning code, Ozog says the field should fall under the category of a “sport court,” even though district and village officials don’t interpret it that way. If the field is a sport court, district officials would've needed to obtain different zoning permissions before construction.

Staci Hulseberg, director of planning and development, said the zoning code regarding sport courts was intended for residential backyard basketball courts--not spaces like Memorial Field. But Ozog says that’s not clear by the wording of the code.  

Here’s the definition of a sport court in the village code:

Any surface or material and associated appurtenances (lights, nets, poles, screens, etc.) designed and constructed for the purpose of recreational and sporting activities such as basketball, baseball, football, hockey, skating, soccer, tennis, volleyball or similar activities.


Ozog said his group could not find anything that suggested that the sport court definition was limited to residential backyards, while Hulseberg contends the code’s intent is included in minutes from a prior meeting, where she helped to draft the specific code.

According to an Illinois state statute, residents living within 1,200 feet of the building or structure in question, in this case Memorial Field, could file a lawsuit if they can show their properties would be “substantially affected by the alleged violation.”

“As the definition stands in the zoning code, we're not wrong,” said Ozog. “To me, the potential of neighbors having to file a lawsuit hopefully will leverage our position.”

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Background:

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's request for variances to install the lights comes after the completion of phase one construction at Memorial Field, finished in the summer of 2010, which includes the installation of a synthetic turf. According to the district, the turf allows for increased usage. Among the many enhancements, part of that $1.4 million project included installing an underground conduit for future lights. District 87 officials cite the need for a field that can operate longer due to the limited field space at the Glenbard West campus. The $300,000 project to install lights will be funded by donations, not taxpayers.

District 87 wants to install lights at Memorial Field, but in order to do so district officials need approval from the village of Glen Ellyn’s board of trustees. Before the issue reaches the trustees, the plan commission will hear testimony from both sides, will weigh the options in accordance with the village code, and will then send a recommendation to trustees. The trustees will then vote on the requested variances. 


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