The City of Naperville, in the midst of a re-examination of its policies because of unprecedented development, saw its first legislative effort to cope with growth struck down in court Monday.
Judge John Teschner of Du Page County Circuit Court issued preliminary injunctions against two aspects of a city ordinance passed June 17, a 30-day moratorium on issuing building permits and on processing designs of existing subdivisions.
He let stand a 30-day moratorium on processing any annexation of property that proposes residential development.
Declaring the city of 56,000 ”alive and well, . . . prosperous and progressive,” Teschner said that Naperville did not prove that the health, safety or welfare of its residents was threatened by a predicted population growth to 100,000 by the year 2000.
But outside the courtroom, city officials rejected the notion expressed by developers who challenged the moratoriums that a case of hypochondria is ruling their planning decisions of late. They vowed to continue to address growth issues.
The June 17 ordinance calling for the moratoriums was designed to allow the city some ”breathing room” to develop a master plan for handling expansion, as city attorney Marvin Glink put it in closing arguments before Teschner on Monday.
He said that it is unlikely the city would challenge the judge`s ruling, because the moratoriums would expire next Monday anyway. Nonetheless, he noted, the master plan is in the works and the city will continue trying ”to resolve some of these problems.”
Whether the city will find itself going up against local developers and builders again remains to be seen. A cap on building construction, one measure being considered, most certainly would be opposed.
Mark Harrison, executive vice president of the Northern Illinois Homebuilders Association, said he was happy with the decision but hoped that future disputes can be worked out outside the courtroom.
The association helped underwrite the legal costs of the plaintiffs, Macom Corp., Midam Inc. and the Oliver-Hoffman Corp., three major Naperville- based developers.
”I would characterize this as a dispute among friends,” Harrison said, adding that local developers want to help the city work out any problems.
A similar sentiment of cooperation was expressed by Robert Gillen, the attorney for the Naperville Area Chamber of Commerce, which intervened as an interested party on the side of the developers.
The chamber is calling for immediate formation of a task force of representatives from city government, homeowners and businessmen to examine the issue of growth in Naperville. However, Gillen said that the chamber did not think the moratorium was needed now.
But while the business community had kind words for its court opponent, some city council members weren`t sure that relations would necessarily be as smooth as in the days when Naperville`s growth was not such a hotly debated issue among officials.
Council member Phyllis Rasmussen, who helped pass the moratorium ordinance 5-2, said she considered the court fight a flexing of muscle by the developers.
”It gets you further resolved–when you see special interest groups with a lot of resources–that you have to represent the residents who don`t have those resources,” she said. ”We have to address a real (growth) problem. This problem is not going to go away.”
Council member Arthur Collins was concerned about the effect of the court fight on future council decisions. ”I`m not going to say it handcuffs me,”
he said, ”but it is bothersome.”
But Donald Wehrli, who voted against the moratorium ordinance, called the decision a blessing in disguise. He said it brought a proper ending to ”the biggest black eye Naperville has had in 50 years.”
Asserting that Naperville has ”always dealt with growth issues,” he said that the city didn`t need restrictions on growth but just improved performance by its employees.
Naperville`s growth, which is comparable to changes experienced in the Sun Belt, puts it in a class of its own for a Northern city.
Addressing the judge in court Monday, Glink said a lack of water in some homes early in June during a dry spell forced the city to ”focus attention on the problems” caused by rapid development.
After first mentioning water problems, the ordinance lists fire, police, electric and other city services as areas to be studied in the master plan, which the council is scheduled to receive at its meeting next Monday night.
