The Lisle Village Board this week moved forward on proposed revisions to its procedures regarding public hearings. The revisions were prompted by a continuing legal debate over residents’ rights during a hearing two years ago concerning a controversial 215,000-square-foot Meijer superstore proposed in the village.
In October, an Illinois Appellate Court upheld a lower court’s ruling to halt construction of the store on 60.5 acres at 2665 Maple Ave. A DuPage Circuit Court judge had decided the public hearing process leading to the store’s approval by the Village Board was invalid because the project’s opponents were not allowed to cross-examine the company’s witnesses.
The Illinois Supreme Court is reviewing the appeals court’s ruling.
“Right now, the Appellate Court’s ruling is the law of the land until the Supreme Court upholds or overturns it,” Village Atty. Alice Clark Thode told trustees at a Monday night Village Board meeting.
Under the new proposal under consideration by the board, Lisle public hearings could take on a courtroom atmosphere, with both sides of an issue empowered to subpoena witnesses and documents to assist them in presenting their cases.
It also would allow for questioning and cross-examination of witnesses by the governing board, the opposing side and members of the public, with no set time limit.
Monday’s discussion among trustees and Mayor Ronald Ghilardi was sometimes heated. Trustee Ann Earley chastised Trustee Ed Young for shouting at a resident who was speaking during a Village Board open forum last year.
“In my 14 years on the board, I’ve never seen such a violent attack in a public forum, never seen or heard such a physical and verbal attack as was done by you, Mr. Young,” said Earley.
“I was appalled, and, if I were standing there at the podium, I would have been terrified.”
Earley said that clear guidelines must be established for public comments. Otherwise trustees “could cut the speakers short or attack them” if they didn’t like what they were hearing.
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Trustee Luke Brandonisio defended Young, saying the trustee had “felt he was under attack” by the resident.
Although the draft ordinance suggests a handful of guidelines for questioning witnesses, Ghilardi wanted more specifics.
“We need to make the distinction very clear on who has a right to cross-examine,” Ghilardi said.
Ghilardi said it is not unusual for special interest groups, some from outside Lisle, t to express their opinions at village meetings.
“Their opinions may or may not be in the best interest of this village but are clearly in the best interest of that group, ” he said.
Some trustees suggested allowances be made to hear groups from outside the village.