Four Hinsdale residents have sued the village and its president over the village’s narrow approval in August of a downtown retail and condominium building, prompting the developer to use an earlier building design that will provide 100 fewer public parking spaces.
Village President George Faulstich said he was named in the lawsuit because he cast the tie-breaking vote for the building’s approval. He said Tuesday that Gammonley Group, owner of the site at 1st and Garfield Streets, has decided to revert to a building plan approved in February 2004 known as “Garfield I” that calls for a building of equal height, but with fewer condos, more office space, and less parking.
Faulstich said Gammonley Group withdrew its proposal for the building approved in August on Feb. 3 and requested a building permit for Garfield I the same day.
The lawsuit was filed in DuPage County Circuit Court on Feb. 8. Faulstich said the threat of litigation caused Gammonley Group to back away from its second plan because the village’s development ordinance requires a developer to cover any litigation costs associated with a development.
