Arlington Heights Village Board will discuss Boeger at tonight's meeting

The Legal Department feels that notification for the Public Hearing was proper, because Village Ordinance 28-18.2-2 (see page 175) requires that notice be sent to the "taxpayer or property owner or owners of record reflected in the County records." If the County records are obsolete and have not been updated, for years, to reflect who the current taxpayers or property owners are, that's the problem of the property owners who didn't get notified, not the developer who didn't notify the current property owners.

Here is the information that I sent to the Village Trustees for tonight's meeting:

My challenge to Boeger rests on five issues:

1. Segregation of an ADA Covered Class. Placing the housing in this remote corner of AH severely segregates the mentally ill, an ADA Covered Class, from the rest of the community and segregates them into a location that is highly undesirable for residential, particularly as compared to the rest of the Village, in violation of the ADA laws.

2. Discrimination against an ADA Covered Class. Subjecting the mentally ill, an ADA Covered Class, to extreme overcrowding (density) that has never been allowed anywhere else in the Village, and subjecting them to apartment sizes that are significantly below the bare minimum standards allowed anywhere else in AH, clearly discriminates against this ADA Covered Class, in violation of the ADA laws.

3. Failure to meet the legally required "most integrated setting" standard of access to community resources and services by an ADA Covered Class. Placing this housing in a far corner of the Village, indeed on an eastern border of the Village and one lot south of a northern border of the Village, at a location that is miles from transit, the library, downtown, government offices, etc., when vastly superior locations are available in the heart of the Village and elsewhere, establishes that this site is located in the least integrated setting possible, in violation of the ADA laws, which require that housing for the mentally ill, an ADA Covered Class, be located in "the most integrated setting possible." For a fair, impartial and reasonable interpretation of what constitutes "the most integrated setting possible," see the third paragraph of the original Vision Statement of the Housing Task Force. The Housing Task Force completely eliminated ALL of those standards in their secretly revised, corrupted Vision Statement, because the Boeger site doesn't meet ANY of the standards of what constitutes a fair, impartial and reasonable interpretation of "the most integrated setting possible." This is truly the smoking gun to stop the project from being located on Boeger, if I have to take this matter to court to move this project from Boeger to an appropriate location.

4. Incompatible zoning, in violation of the Illinois prohibition against "spot zoning," as interpreted by the Illinois courts. "Spot zoning" is defined by the Encyclopedia of Real Estate Terms as "The zoning of a small area of land, or one or more properties, for a use that is not in harmony with the normal zoning plan for the area, especially if a small area is rezoned in a way that does not conform with the surrounding neighborhood. Spot zoning is normally invalid if the permitted use is very different from the surrounding area; the area involved is small; or it can be shown that the municipality has favored one landowner to the unreasonable detriment of the surrounding area, or so as to prejudice the intention of a comprehensive plan." AH Plan Commissioners made statements that recognized that this plan violates the prohibition against spot zoning.

5. My family has standing to sue to force this project to be moved from Boeger to an appropriate location, in that my wife's brother, Phillip, has been a resident of the Thresholds facility in the Humboldt Park neighborhood of Chicago for eighteen years. We would like Phillip to move to a Thresholds facility that is located closer to us, but not if he would be subjected to the kind of segregation, discrimination, lack of access and incompatible zoning that I've described, above. That would ruin his life. Please stop me before I sue again.

The specific rules of the Americans with Disabilities Act that are violated by Boeger are the ones on Pages 49 through 51 of this federal government document. The complete set of ADA rules relevant to Boeger start on Page 43 and go to Page 51 of the same federal government document.

An expanded explanation of what the rules on pages 49 through 51 mean is on Pages 18 through 22 of the same federal government document.

End of statement to Arlington Heights trustees.

With all of these other legal hurdles that the Boeger project faces, it is highly unlikely that the Boeger Drive Apartments will get built.

Tonight's Arlington Heights Village Board meeting starts at 8 p.m. Boeger is the last item on the agenda (see Pages 10-13). Hope to see you there.

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