Attorneys for Kane County and B&B Enterprises are moving to officially end a homeowners’ lawsuit against a proposed 738-acre Fox Mill subdivision near Wasco, a county development official said.
Kane County Circuit Judge Peter Grometer is expected to sign a motion to that effect on Wednesday, said Phillip Bus, Kane County Development executive director, who was named as one of the defendants.
Grometer indicated in civil court last week that he would dismiss the lawsuit, which sought to overturn the county’s approval of the rezoning needed to proceed with Fox Mill.
After hearing three days of testimony last week, Grometer ruled that the plaintiffs, a group of local homeowners who filed the suit last September, had not been able to defend their case.
“There’s been a lot of letter-writing and a lot of hubbub about it, but what it really boils down to is that the people who live in that area want to be the last people there,” said Ken Blood, an owner of B&B Enterprises. “There wasn’t much basis to their lawsuit and that’s proven. The judge found that it couldn’t stand.”
The homeowners’ lawsuit contended that the original development plan wasn’t distributed to all required agencies and that those agencies did not receive the required 45 days for review and comment.
The suit also claimed that the subdivision would be too dense and would lower property values of surrounding homes as well as altering topography and natural drainage patterns.
Some of those charges were dropped before the trial, Blood said.
The Fox Mill subdivision will be located between Illinois Highway 64 and Campton Hills Road, east of La Fox Road, in unincorporated Kane County.
When completely built out, Fox Mill will have 679 homes, 20 acres of commercial development, a waste water treatment plant, recreation center and indoor-outdoor farm market, Blood said. Developers will donate about 15 acres for a public school, he said.
In winning the rezoning, B&B Enterprises agreed to comply with 49 stipulations that were spelled out in advance by the county, Bus said.
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Developers project that construction will begin in late 1993 and the first homes will be built by spring of 1994, Blood said.