HomeMy WebLinkAboutNorthwestern University v. City of Evanston CONSENT DECREE-17february2004IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Court granted the City's motion for summary judgment with respect to Counts II,III,IV and VI,
and denied the City's motion with respect to the University's claims in Counts I and V;
WHEREAS,in Count I of its Amended Complaint,the University alleged,inter alia,
that the City violated the University's right to equal protection and treated the University
differently than other similarly situated property owners by including the University's Tl and T2
District properties in the Local Historic District because of its animus against the University;
WHEREAS,in Count V of its Amended Complaint,the University alleged,inter alia,
that the City violated the "unconstitutional conditions"doctrine by conditioning the exclusion of
University property from the Final Local District on the University's agreement to waive its
Charter right to be free from property taxation;
WHEREAS,the City has answered the Amended Complaint,denying the material
allegations and asserting certain affirmative defenses thereto,and further specifically denies that
it has engaged in any conduct violative of the United States Constitution or any other laws in
connection with the designation of the Local Historic District or the enactment of the
Designation Ordinance;
WHEREAS,on or about May 15,2003,the Parties jointly submitted a Final Pre-Trial
Order regarding Counts I and V,and thereafter,the Court set a trial commencement date of
March 1,2004;
WHEREAS,to avoid the further expense,burden and uncertainty of trial,the Parties
have agreed to settle this matter,and further have agreed that entering into this Consent Decree
does not constitute an admission by the City of any wrongdoing or liability,nor a concession by
the University that its claims are not well founded;
WHEREAS,this Consent Decree constitutes a complete settlement and release by the
Parties of any and all claims that were or could have been asserted by the Parties in connection
with the designation of the Local Historic District or the enactment of the Designation
Ordinance;
WHEREAS,the Parties agree that this action shall be dismissed with prejudice,except
for the retention of jurisdiction by this Court for the purpose of enforcing the Consent Decree,as
provided in Paragraph 12 below;
WHEREAS,the Parties have waived any right to appeal from this Consent Decree;
WHEREAS,this Consent Decree,including all exhibits attached hereto,contains the
entire agreement between the parties and supercedes any prior or contemporaneous agreements
or understandings between the University and the City,whether written or verbal,and shall only
be modified by a written instrument signed by or on behalf of the City,the University and the
Court.
NOW THEREFORE,upon the consent of the Parties,it IS hereby ORDERED,
ADJUDGED,AND DECREED:
1.Jurisdiction.This Court has jurisdiction of the subject matter of this action and
over the parties herein pursuant to 28 US.C.§1331 and §1334.
2.Definitions.All terms not defined herein,but capitalized,are intended to be
defined as provided in the Amended Complaint.
3.University/City Committee.The University and the City have agreed to
establish a special committee,comprised of:(i)two representatives from the University,one of
whom shall be the Vice President with responsibility for development and land use issues,or
other Vice President with responsibility for the issues to be discussed by the committee;(ii)two
representatives of the community,who shall be chosen by and serve at the pleasure of the City
Council;and (iii)the Alderman of the First Ward.The Committee shall meet on a regular basis,
or as needed,in meetings open to the public,to discuss and make good faith efforts to resolve
issues relating to:(i)the University's proposed demolition of existing structures on,and/or new
construction plans for,the University's current Tl and T2 District properties and the University's
current Ul District properties;and (ii)other issues relating to planning,land use,building and
zoning pertaining to the University's current Tl and T2 District properties and the University's
current Ul District properties.Such issues shall include,but not be limited to,zoning,
congestion,parking,noise,siting and appearance.This Committee shall also meet,as necessary,
and as early as practicable,as part of a good faith effort to resolve issues between the Parties that
may arise from time to time which relate to matters the City may be contemplating that would
impact the University's current Tl and T2 District properties and the University's current Ul
District properties,such as binding appearance review and parking issues.Nothing in this
paragraph shall require the Committee to reach an agreement on the issues discussed.
4.Tl Properties.The University and the City have agreed that certain University
properties in the Tl District shall be and are hereby excluded from the Local Historic District
(the "Tl Excluded Properties").The Tl Excluded Properties are identified on the list attached
hereto as Exhibit 1 and their boundaries are depicted on the map attached hereto as Exhibit 2.
All other University Tl District properties in the Local Historic District shall remain within the
district.The map attached hereto as Exhibit 3 depicts the revised boundaries of the Local
Historic District east of Sherman Avenue.
5.T2 Properties.The University and the City have agreed that certain University
properties in the T2 District shall be and are hereby excluded from the Local Historic District
(the "T2 Excluded Properties").The T2 Excluded Properties are identified on the list attached
hereto as Exhibit 1 and their boundaries are depicted on the map attached hereto as Exhibit 2.
All other University T2 District properties in the Local Historic District shall remain within the
district.The map attached hereto as Exhibit 3 depicts the revised boundaries of the Local
Historic District east of Sherman Avenue.
6.Consent Decree Governs.Upon entry,this Consent Decree shall supercede
anything in the Designation Ordinance that is inconsistent with this Consent Decree relating to
the applicability of the Preservation Ordinance to the Tl Excluded Properties or the T2 Excluded
Properties.Accordingly,the Tl Excluded Properties and the T2 Excluded Properties will not be
subject to the Preservation Ordinance and the Preservation Commission's jurisdiction or review,
except as provided in paragraph 8 of this Consent Decree below.The revised boundaries of the
Local Historic District,east of Sherman Avenue,shall conform to the boundaries shown on
Exhibit 3.Moreover,it is agreed that the Tl Excluded Properties and the T2 Excluded
Properties shall not be designated as individual Evanston or national landmarks in the future,nor
included in any future historic district,without the explicit consent of the University.
7.Binding Appearance Review.The University and the City have agreed that all
University properties in the current U3 District,together with the Tl Excluded Properties and the
T2 Excluded Properties,shall be exempt from binding appearance review as has been proposed
by the City,and any similar future ordinance or proposal.
8.Consolidation.The University may consolidate for development any of its
properties,or portions thereof,including,but not limited to,the Tl Excluded Properties and the
T2 Excluded Properties,in accordance with applicable ordinances.Without limiting the
generality of the foregoing sentence,if a consolidation involves a property that is not part of the
Local Historic District and a property that is part of the Local Historic District,the University
shall comply with applicable provisions of the Preservation Ordinance relating to consolidation,
and all other applicable ordinances.
9.Moratoria.The University and the City have agreed to:(i)a twenty (20)year
moratorium on any new construction in the open space on Foster Street,which is north of,and
adjacent to,the Foster-Walker Undergraduate Housing Complex;and (ii)a ten (10)year
moratorium on demolition of the existing structures located at 2010 and 2016 Sheridan Road and
on construction on the T2 Excluded Properties fronting Sheridan Road in the block between
Foster Street and Library Place (collectively the "Moratoria Properties").The foregoing
moratoria shall not restrict any maintenance of,renovations and repairs to,additions to,or
demolition in the event of a material casualty to,any of the Moratoria Properties,as deemed
reasonably necessary or appropriate by the University,in accordance with applicable ordinances.
10.University Contribution.The University shall pay the City the sum of Seven
Hundred Thousand Dollars ($700,000)(the "University Contribution")upon the entry of this
Consent Decree by the Court.
11.Release;Costs and Fees.Upon entry of this Consent Decree,the Parties release
each other from any and all claims that were or could have been brought relating in any way to
the designation of the Local Historic District or the enactment of the Designation Ordinance.
This case is hereby dismissed with prejudice.The City and the University agree that each party
shall bear its own attorneys'fees and costs incurred in the litigation.
12.Disputes.The Parties shall attempt to resolve informally any disputes that may
occur under this Consent Decree.If the parties are unable to reach agreement,the issue may be
submitted by either Party to the Court for resolution;provided,however,that nothing in this
sentence shall allow the parties to submit to the Court for resolution the failure of the
University/City Committee referred to in Paragraph 3 to reach agreement on the issues discussed
by the Committee.Insofar as any of the provisions of this Consent Decree or any actions taken
pursuant to such provisions may be inconsistent with any state law or regulation,the provisions
of this Consent Decree shall prevail in accordance with the supremacy of federal law under the
U.S.Constitution.Notwithstanding the provisions of this Consent Decree concerning dismissal
of this action,jurisdiction is retained by this Court for the purpose of enforcing this Consent
Decree.
13.Signatories.Each undersigned representative certifies that he or she is fully
authorized to enter into the terms and conditions of this Consent Decree and to execute and
legally bind such party to this document.The Consent Decree may be simultaneously executed
in two or more counterparts,each of which so executed shall be deemed to be an original,and
such counterparts together shall constitute a single agreement.
[Signature Page to Follow]
Dated:!2balJr /7,2004
CONSENTED TO:
NORTHWESTERN UNIVERSITY,Plaintiff
By:~~
One of Its Attorneys
Thomas Campbell
Howard P.Zweig
Antonio DeBlasio
Pri ya Hmj ani
GARDNER CARTON &DOUGLAS
191 North Wacker Drive,Suite 3700
Chicago,Illinois 60606
(312)569-1000
CITY OF EVANSTON,Defendant
~&~2Oneof Its Att eys
Jack M.Siegel
HOLLAND &KNIGHT LLP
131 S.Dearborn Street
30th Floor
Chicago,IL 60603
(312)263-3 00
Hon.Marvin E.Aspen
United States District Judge
DATE:~1'7 It)YII
Thomas G.Cline -Vice President and
General Counsel
Office of General Counsel
NORTHWESTERN UNIVERSITY
633 Clark Street
Evanston,Illinois 60208
(847)491-5605
Robert S.Markin
PIPER RUDNICK
203 N.LaSalle Street
18th Floor
Chicago,Illinois 60601
(312)368-2190
EXHIBIT 1
LIST OF EXCLUDED PROPERTIES
Tl Excluded Properties:
619 Colfax Street
625 Colfax Street
629 Colfax Street
T2 Excluded Properties:
(1)T2 Properties Bounded by Garrett Place to Library Place
Sheil Catholic Center:2110 Sheridan Road
2046 Sheridan Road
Private home:2044 Sheridan Road
2040 Sheridan Road
(2)T2 Properties Bounded by Library Place to Foster Street
Family Institute:618 Library Place
2016 Sheridan Road
2010 Sheridan Road
Blomquist Recreation Center:617 Foster Street
Parking areas and parking lots as shown on the map attached as Exhibit 2 (the parking lot
west of Blomquist Recreation Center is not a T2 Excluded Property,as shown on
Exhibit 2)
(3)T2 Properties Bounded by Foster Street to Emerson Street
Foster-Walker complex:1927 Orrington Avenue (the basketball courts north of Foster-
Walker are not a T2 Excluded Property,as shown on the map attached as Exhibit 2)
Searle Hall:633 Emerson Street
Transportation Center:600 Foster Street
619 Emerson Street
All parking areas and parking lots
Open space on Foster Street
EXHIBIT 2
BOUNDARIES OF EXCLUDED PROPERTIES
[See drawing attached dated August 22,2003]
Exhibit 2
EXHIBIT 3
BOUNDARIES OF INCLUDED PROPERTIES
[See drawing attached dated August 22,2003]
Exhibit 3
rrm REVISED BOUNDARY OF NORTHEAST EVANSTON
ILl1JJ LOCAL HISTORIC DISTRICT
•
.NORTHWESTERN UNIVERSITY
..EVANSTON CAMPUS