The Blog

Ben, these are the truest words you have ever spoken: "Well, I'm no lawyer" That is correct, so stay the hell out of the way of business that you do not understand and stick to beating the TIF Dead Horse.

Yeah, all youse jurnalists, just stay the hell outta are way, wese guys got big impordant projex to do down by dere. Hey hey, wure gonna get dem Olympiks and show em how we do it here in da town of tough guyz. Right, Orion?

Ben, stay out of this. My precinct captain is getting very angry and I don't want him to take it out on me. The last time he was this mad he took the coffee I fetched for him and threw it all over me.

Mayor Hubris at it again, only in the form of lapdog and CPD blowhard Tim Mitchell. Of course, when the judge rules that the city was in the wrong, and orders them to clean it all up, guess who's paying for it?

As we approach Law Day (May 1st) this incident should cause us again to be thankful that we live under a constitution that provides for the separation of powers-- legislative, executive and judicial. We may have a rubber-stamp City Council and Daley controlled "administrative adjudication", but this land dispute is before an independently elected judge in the Circuit Court, and she, not the City, will make the ruling.

That "independent" judge owes her existence to the Democratic organization that circulated her petitions, put her name on sample ballots and got her opposition thrown off of the ballot on a technicality. She knows that when her term is up and she goes for retention, we will bust her chops good fashion if she does not acquiesce. The soccer field is in the bag. You chumps can line up to play on it when Latin is done practicing.

Actually, Judge Kinnaird is the presiding judge of the Chancery Division. In her last retention election (2004) she was found by the CCL to be qualified, hardworking with good temperament and her fairness and integrity were unquestioned. I wouldn't predict the results of this hearing; I haven't read the briefs and have no opinion the parties' arguments. However, you seem to be saying the law is irrelevant here--that this judge will automatically rule for the City, otherwise "we will bust her chops". Just who is "we"? Would you be part of this group? You have already been identified by name previously in this blog as a City employee. Does Mayor Daley know his employee is threatening the presiding judge?

I wouldn't trust Mara "Liar Liar" Georges or Slim Tim (Timothy Mitchell)'s lawyers. The Chicago Park District lawyers are corrupt jokes.

Like I said before-- the city guys think the voters are mostly, a bunch of chumps. The city guys are mostly, right. Last month...the museum in the park for some special guys, now the soccer field for some key people.. hey quick, get Burke to intro one of those goofy busy-body ordinances.. like no freon or how 'bout hybrid fuel cell lawn mowers or maybe we ban veal tripe in plastic containers... woah that's a good one... let's go with the veal tripe ban... till things cool down when the summer finally heats up!

Tim Mitchell has a brother in the Building Dept named Donald Mitchell. He was just recently promoted to the vacant position of project Manager. The Project Manager position was onced held by a recently jailed Building Dept Manager Kurt Berger, who received 18 month at Oxford. Donald Mitchell will definitely sign off on some questionable permit applications.

James, how sweet. Do you also believe in the tooth fairy and santy claus too ?

connect the dots. Oreo is right. Building Department Ghost Pay Roller, Brian McGinnis title is Managing Deputy. He is married to Circuit Court Judge Shelia Kilroe McGinnis. Shelia Kilroe McGinnis is Mayor Daley's first cousin. So if you ever think your going to get a fair shake in this " Reform" town.....It was better when Capone ran and less killings!

Brian Mcginnis was just promoted to Managing Deputy from being the Director of Accountabilty. He did nothling all day but watch the Gps radio system. The irony is he didn't even know how the radios worked,or didn't care. Now that Richard Rodriguez was moved over to Aviation,Mcginnis will assume more clerical duties.

when they're done building it everyone go picnic there during games - and didn't they just ticket people for playing soccer in grant park?

Mayor Daley wanted me to take the sword for him. I told him to kiss my asses. I am Irish, I ain't no polock or a sorich!

If the anti-soccer field people had any saavy, once the field is built, they should have little kids, preferably Black or Mexican, playing soccer on the field at the time that Latin school comes for practice or games. Make sure to call the media to be on hand so that the cameras will roll as the police take 8 and 9 year old black /mexican kids to jail

I feel your pain, oreo. It must be torture, trying to figure out how to appear to be doing something, all the while being as useless as a used condom. Too bad you still have to show up, maybe if you were more adept at 'servicing' your masters, they might cover your ass after using it.

This afternoon, Judge Kinnaird granted a partial TRO in favor of the plaintiffs. After informing all sides that she had read all the pleadings, affidavits, and exhibits, as well as relevant statutes and what she said were all published 17 cases on the Lakefront Protection Ordinance, she began discussing the case, which she characterized as involving the construction of a priority-use artificial turf soccer field. She went through the counts filed by the plaintiffs (violation of the Lakefront Protection Ordinance; work without a permit; violation of an old consent decree; violation of the Illinois constitution; violation of the public trust doctrine) and stated that the facts were largely not in dispute, and that the plaintiffs' exhibits support the well-pled facts (which is also a way of saying that the case will not be dismissed). She noted that the defendants' answers do not allege affirmative matter or affirmative defenses (a slap at the defense lawyers). She had "painstakingly reviewed" the pleadings. Judge Kinnaird noted that the Park Dsitrict agreement with Latin School was signed on 12/1/2006 and prior to that was discussed at only 2 public meetings as defined under the LPO. Both of those were on the same day, 10/25/06. The matter was never submitted for review to the Chicago Plan Commission as required under the LPO. The project is 56% complete, projected to be done in the next 5 weeks. The school has already paid $2M in costs, which the judge noted the Park District might end up being on the hook for. She stated that there were "many pertinent facts not placed before this court – no schematics, no environmental studies; unanswered questions about the playing fields, usage by public, future plans, overall guidelines as to how much of Lincoln Park will remain green space..." She gave a road map to both sides of what she would like to see more of. She noted that some modifications to the 12/1 agreement have been made – but neither the public nor the court have been given specific info. After stating that most of the issues argued have both legal and emotional components, she boiled them down to two questions: 1. Can the Park District build this soccer field in this location without first submitting plans? 2. Can the District grant priority use to others, in this case a private entity? The judge stated that there is "something very troubling about this case" and noted the secrecy and continuing lack of information. She chided the defendants, who asserted that they had held informational sessions after the fact, for "confusing the public hearings required by law with public relations meetings." After stating her awareness that a temporary restraining order is an extraordinary and drastic measure, designed to preserve the status quo, she found that the entry of a "limited TRO" is necessary here and is justified by the plaintiffs' likelihood of success on Counts I, V, VI, VII and VIII (i.e., including the Lakefront Protection Ordinance and the Public Trust Doctrine), and that plaintiffs have ascertainable rights in need of protection, face irreparable harm, and have no other remedy at law. She reiterated that the plaintiffs have a likelihood of success because the LPO is unambiguous that the defendants were required to submit the plan to the Chicago Plan Commission for review and did not do so; the public must be given opportunity to know what is going on and an opportunity to be heard. The court also observed that the current "trend is for public-private partnerships" and that the case raised the question, "how far can this go? What other schools on the lakefront get to do what Latin School wants to do?" She then noted that this case might not be in court at all if the Park District had decided on its own to build the field, absent true environmental issues about building a playfield in a park. She said that she had not seen anything sufficient to second guess that decision, to build a soccer field. As a result, her decision was to allow for the time being work to proceed so as to allow completion of the field itself, but work on all the accessory structures -- scoreboard, lighting, paved walkways, advertising signage -- are enjoined, as is the "priority usage" by Latin School. The judge then set a preliminary injunction hearing on May 20 (i.e., when she will dissolve the TRO or convert it into a more long-lasting injunction), and in the meantime discovery (depositions, document requests and the like) can start immediately.

She just signed her political obituary....

Wow. Orion is just regaining consciousness. That must have been one extraordinary 'service' session with his masters. Did they at least give you the weekend off?

Now that's what I call a comment worth posting.

Brian Murphy, Jump in the waters fine! Coconuts is after you and Patrick Daley! Coconutty says on his website that you were the Deputy Commissioner at Water Management(2003 to 2005) when City Workers and City Equipment were told to stay in the 39th and ashland facility so MSS and Patrick Daley had some work product to show for the contract of $5 million dollars.

Wow -- nice writeup Jeff. Were you there? You must have been or do you have the decision? Is it posted anywhere? As an attorney, I'm surprised at the judge's ruling because it is the right one and is against the Powers-That-Be. Every once in a while you get a courageous judge who does the right thing. Then they get crushed. I predict she will get transferred to a Misdemeanor branch court or to Skokie or Markham. I hope not, mind you.

Take nothing for granted. Sometimes you get a principled legal analysis and sometimes they hand you a symbolic token before they fuck you no matter what the law says. Appellate court, here we come.

i wrote to the chief jucge tim evans when dity attorneys didnt come to court with the evidence i seek review for like a permit to build and they didnt bring my amenment either now im waiting for the judge kinard to make a rulling on these lawyers who work for a public owned company know as the city of chicago to face the music or you tell me how the city can stop the first rooftop clubhouse at wrigley field from being built and how the cubs and the city and the owner of cubbey bear and sport coner can so what they want and not allow others like me who set legal presidence for all who benfit today and how we have A's underlined languaage with height restictions for us ans our neighbor the (B0 bracketted language they the city allowed with no permit no varience my neighbor to buildi higher to block our view into wrigley field and under the freedom of information act the liqure controll commission lost my complaints and they have no record of them or any investigation i requested from the city call me danny thomas 773 908 5010