Montgomery trustees voted against a new automotive shop in town, saying they didn’t want two similar facilities next door to each other.
At issue was a proposal by Christian Brothers, which runs a number of automotive shops around the country, to open a new facility in the Orchard Crossings complex next door to the existing Merlin 200,000 Miles Shop.
Steve Golz was born and raised in the village and bought the Merlin franchise over a decade ago, with a covenant that stated no other automotive facility could locate nearby. That agreement ended in 2013 and Golz took no action at that time to extend the agreement, village officials said.
“Are we really about limiting competition in Montgomery?” asked Mayor Matt Brolley.
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One of the supporters for Christian Brothers was developer John Thompson.
“I have to tell you this is the first time I have ever encountered a decision that comes down to competition,” said Thompson. “… It’s not the right way to make a decision based on competition alone.”
Trustee Steve Jungermann said the village ordinance states specifically that an approved use “should not be injurious” to other businesses in the area.
“I think I share with Mr. Jungermann in that this would be injurious and I think there is a difference in what we can and what we should do,” said Trustee Stan Bond.
The mayor asked Village Attorney Steve Andersson if turning the developer down would open the village to a lawsuit.
“There is always the chance that someone can sue the village. In either case the possibility exists. If you vote it down, it can make the case stronger. I can’t tell you how to vote. You make the decision. If someone wants to challenge us they have every right to do so in court,” he said.
Trustee Theresa Sperling said the new business sounds “like an excellent company. My issue is the location. For me it doesn’t make sense to have the two stores next door to each other. It doesn’t make sense to me.”
Ray Munoz, a general manager with Merlin, said the village needs to think hard about the issue and the impact the vote would have on the owner of the current Merlin facility in Montgomery.
“We have an owner whose life we will be dealing with. He was born and raised here, he lives in the community. Does this make sense? We just don’t want them back to back,” he said. “If you move across the street, that’s fine, the problem is back to back. You have a man who put his entire life savings into this.”
In the end the Village Board voted against the new facility, with Trustees Sperling, Jungermann, and Bond voting it down and Trustees Denny Lee and Doug Marecek in favor of the development.
Judy Pochel is a freelance reporter for The Beacon-News.