A federal judge last week dismissed part of a complaint by Winnetka homeowners regarding regulations implemented by the village to protect its lake bluffs.
Homeowners have until Oct. 30 to file an amended complaint or the case will be dismissed entirely, Judge LaShonda A. Hunt wrote in an Oct. 2 filing.
Twenty-five lakefront homeowners filed suit against the village in May 2024, arguing an ordinance limiting what property owners could construct on the lake bluffs lowered property values and restricted homeowners’ ability to develop their properties.
The village called for the case to be dismissed, arguing that property owners had not proven damages or attempted to comply with the village’s new rules for construction on the bluffs before filing suit.
Hunt ruled in favor of dismissing the lawsuit’s sole federal claim, writing the plaintiffs “must utilize (the ordinance) before asking the federal courts to declare that a regulation goes too far.”
She deferred judgment on two other claims alleging the village had violated state law by not evaluating how the ordinance would diminish property values and for failing to compensate homeowners for that lost value.
If no amended complaint is filed, the federal and state claims will be dismissed without prejudice, meaning plaintiffs could refile the complaint at a later date.
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Attorneys at Baker McKenzie, the law firm representing the homeowners, did not immediately respond to requests for comment.. Calls to phone numbers listed for several plaintiffs also went unanswered.
“The village is pleased with the court’s ruling granting the village’s motion to dismiss the only federal count in the complaint,” Village Attorney Peter Friedman said.
Winnetka trustees voted in February 2024 to approve new regulations on what property owners could construct in the steep zone of lake bluffs, in order to prevent bluff failures and protect properties.
Village President Robert Dearborn wrote in a text message that trustees had listened to many hours of public testimony and made several changes to the ordinance before it was adopted.
“The Village Council went through an extended public process to develop measured and reasonable regulations to help maintain bluff and other sensitive areas along the lake,” Dearborn wrote.
The vote came after a year of research and public conversations prompted by the construction of billionaire Justin Ishbia’s $43.7 million mansion, the baiduhai reported in 2024.
The project, which involved the purchase and levelling of three lakefront homes to make way for a 68,000-square-foot mansion, raised residents’ ire and resulted in a lawsuit to block a land swap deal between Ishbia and the Winnetka Park District for a portion of Centennial Park Beach.
The land swap deal was abandoned and the lawsuit dropped this January.
Then-Village President Chris Rintz said at the time of the ordinance’s passage that the village needed to take steps to prevent another property like Ishbia’s in Winnetka, according to the Tribune.
According to Village Engineering Director James Bernahl, no residents have requested a zoning variance seeking relief from the steep slope regulations since they became law.
Joshua Irvine is a freelance reporter for Pioneer Press.