Our purpose is to protect the health, safety, and economic well-being of the residents of Glen Ellyn, and educate and advocate for responsible development.
We greatly appreciate your support!
Over 1,200 residents oppose it. The Village Plan Commission unanimously rejected it. The Environmental Commission was excluded from reviewing it. Yet the Village Board voted yes to it...a 12-pump gas station and 4,200 sq. foot convenience store with beer and wine sales at Historic Stacy's Corners.
The legal fight...
On May 22, 2017, Protect Glen Ellyn, Inc. filed suit against the Village of Glen Ellyn and True North Energy, LLC regarding the planned gas station development at Five Corners. This Complaint is seeking declaratory and injunctive relief to affirm the Plaintiff’s real property and due process rights, and to enforce the Village of Glen Ellyn’s Zoning Ordinance against itself.
We believe in full transparency - feel free to read the 200+ page legal Complaint here.
On June 27, 2017, the Village of Glen Ellyn and True North Energy, LLC filed a joint motion to dismiss the Compliant. Defendants allege that the "Plaintiff does not meet the jurisdictional requirement in the Adjoining Landowner Act that it be an owner or tenant of real property within 1,200 feet of the Property." Read motion to dismiss here.
On July 20, 2017, we filed an amended complaint to counter the Village and True North's claim that we do not own property within 1,200 feet of the proposed development. In fact, we do own property within 1,200 feet and have the right to bring this case to court.
On August 18, 2017, the Village of Glen Ellyn and True North Energy, LLC filed separate motions to dismiss the amended complaint. Then, Protect Glen Ellyn responded to both motions followed by the Village and True North responding.
On October 13, 2017, our case was heard in court. The judge granted a final opportunity to amend the complaint not to be brought under the Adjoining Landowners Act. The second amended complaint was filed on November 3rd and can be found here.
On November 14, 2017, the Village of Glen Ellyn and True North Energy, LLC filed their third motions to dismiss the second amended complaint. Then, Protect Glen Ellyn responded to both motions on November 28 followed by the Village and True North filing final reply briefs.
On December 11, 2017, the Defendants' Motions to Dismiss Plantiffs' Second Amended Complaint were denied by the judge. Defendants shall answer the Complaint by January 8, 2018. A status hearing in DuPage County court is on January 25 at 9:00AM but instead...
On December 15, 2017, the Village filed a Bill of Particulars, which can be found here. We think our Complaint is clear; the information requested is public. We responded to the Bill of Particulars on March 8 (available here).
On March 12, 2018 at the court status hearing, the Village indicated they would be filing a motion to strike because our answers to the Bill of Particulars were "inadequate." This is after we have already been through 3 rounds of motions to dismiss and the judge ruling the Defendants must answer the Complaint. The Village has spent over $27,000 of tax payer dollars to file multiple Motions to Dismiss and a Bill of Particulars.
On April 6, 2018, Protect Glen Ellyn filed an amended response to the Bill of Particulars which can be found here.
On May 11, 2018 (almost one-year after we filed the Complaint) the Village of Glen Ellyn and True North Energy, LLC responded to our Complaint. Village of Glen Ellyn's response is here. True North's response is here.
We are now in the Discovery phase of the lawsuit, where evidence is gathered and facts are investigated before going to trial.
The Community's concerns...
Health and Safety Concerns
Increasing traffic safety hazard for children arriving and departing from school due to expected congestion. According to the Traffic Impact Study performed for this project, there will be an estimated 40% new trips (an additional 782 trips per day) generated by this gas station. Fuel tankers will exit making a right turn onto Main Street crossing the center line in the road. Left turns onto Main Street from the gas station will be allowed. This is an accident waiting to happen.
Exposing our kids to a serious health risk with increased gas fumes and vehicle exhaust resulting in higher concentrations of Benzene, which is carcinogenic to humans and classified as a hazardous air pollutant. “Increased risk of childhood leukemia was found with residential addresses near gas stations...”
Not evaluating impacts of increased air pollution for the kids at Forest Glen and developing an environmental assessment report, as recommended in the Environmental Protection Agency's (EPA) School Siting Guidelines. The Village's Environmental Commission Chairman notified the Village President in writing on March 8 and March 22 about the EC's readiness and willingness to serve the Village in reviewing this project. There was no engagement from the Village President or Board.
Attracting crime to the local neighborhood. In 2016, a similar gas station in Glen Ellyn had 148 events that required police intervention.
Destroying beautiful, healthy trees for a 4,200 foot convenience store. Plans to fit 12-pumps, underground gas storage tanks, and retention basin on 3 lots require removal of numerous 10” or greater diameter breast height trees and many more smaller, healthy trees. We counted over 200.
Undermining our valued recognition as a "Tree City USA" for over 30 years.
Replacing trees' natural benefits with chemical runoff. Trees fight soil erosion, conserve rainwater and reduce water runoff and sediment deposit after storms. 100 large mature trees intercept 204,000 gallons of rainfall per year, reducing the need for storm water controls, and providing cleaner water. Additionally, site plans show that the proposed gas station's land base elevation is 11 feet higher than the residential properties directly behind it which poses additional challenges for an area with existing water issues.
Aesthetic and Financial Concerns
Choosing marginal $140k tax revenue/year in exchange for decreased property values and anticipated cannibalization of local businesses and associated tax revenue. A top local realtor with extensive experience has provided a written assessment to the Village Board indicating homes within the .5 mile surrounding area may see a 25-35% property value decrease.
Contrasting the rich, historical charm of Stacy's Tavern Museum with the gas station's 17 foot tall, 130 foot long, 19-hour lit canopy. The proposed site for the gas station sits directly across from Ward Park and the Historic Stacy's Tavern Museum, which is listed on the National Register of Historic Places. According to the Village's Comprehensive Plan, Five Corners serves as the northern "gateway" to the Village and "commercial uses should be oriented primarily to the needs of surrounding residents..."
Using the past as justification for a Special Use Permit and ignoring previous failures. This project is nearly 5 times larger (11,752 vs. 58,757 sq ft) than the demolished gas station that occupied 1 of the 3 parcels over a decade ago. Land was recently re-zoned as commercial to accommodate the massive scale of the proposed station. It plans to operate 5AM to 12AM and sell beer and wine. The size and operation of this gas station development far exceed that of the prior station. Also, the Village had to remediate the failed gas station on the original parcel using $90,000 of our tax dollars. We do not need another gas station!
“The Village of Glen Ellyn is a desirable community in which to live, work and play, with unique character and charm, a small-town feel, urban amenities and a high quality of life.”
- 2017 Village Vision Statement
The project in the news...
January 9, 2018, My SurburbanLife.com - "Glen Ellyn agrees to refund operator of proposed gas station for land costs if lawsuit prevails"
January 9, 2018, Glen Ellyn Patch - "Developers Will Get Money Back If Lawsuit Prevents Gas Station"
January 7, 2018, Glen Ellyn Patch - "$630,000 Refund Wanted If 5 Corners Gas Station Nixed"
January 5, 2018, Daily Herald - "Developers want $630,000 from Glen Ellyn if neighbors win fight to block gas station"
December 13, 2017, MySurburbanLife.com - "Judge denies motions to dismiss Glen Ellyn gas station lawsuit"
With public sentiment, nothing can fail; without it, nothing can succeed. Consequently, he who molds public sentiment, goes deeper than he who enacts statutes or pronounces decisions.
- Abraham Lincoln