Judge John A. Sbarbaro in Superior court this week ordered a preemptive writ of mandamus be issued directing the building commissioners of Skokie to immediately approve the application for a permit to construct a "kiddies" amusement park at Golf Road and Skokie Highway.
Court action in the case began last month when Attorney Edmund Burke filed the suit on behalf of a development company that leased the property at the southeast corner of the intersection from Mrs. Helen Foley and the State Bank and Trust company of Evanston, owners of the property in trust.
Partners of the development company are Thomas and David Foley, sons of Mrs. Helen Foley and John O'Brien. They filed an application to build the park on a 300-by-500-foot plot last August 19. The application was rejected at that time because it reputedly was filed on an improper form.
On the morning of September 12, the partners filed another application. They contended that the permit should have been granted because the area was zoned for commercial use. A place of amusement was outlined specifically in the zoning ordinance as commercial. On the night of September 12, Skokie trustees amended the zoning ordinance to restrict amusement parks in commercial zones to 30 days.
The judgment order commands Building Commissioner Raymond Peterson and Deputy Building Commissioners Thomas C. Moore and Lee Hollow to approve the application for a permit.
Under the order, the petitioners will be permitted to erect a building to house a miniature train, station, track, kiddie whip, auto ride, pony ring, and carousel, and a room in which to serve refreshments. O'Brien, one of the partners who will operate the children's park, said work will start immediately upon the project so that it will open as soon as weather permits in the spring.
In arguing the case, Atty. Burke said that virtually all owners of occupants of the premises adjacent to the proposed amusement park had signed a letter favoring and encouraging its construction. He said there were 20 signees.
Reasons for favoring the park named in the letter were that it would afford recreation facilities, provide additional tax revenue, introduce many north shore families to the village, enhance business property values, bring money into the village and would improve the appearance of the property involved.
During the suit, Burke pointed out that the plaintiffs were not newcomers to the village. "The property has been in their families for 27 years," he said.
Village Atty. Henry L. Wells said he would have to confer with the village board before deciding to appeal the case. He added that an appeal would not be successful in his opinion, and the chances of the village deciding on that course are unlikely.
George D. Wilson, village president, said from his sickbed that the village will fight the amusement park case and all other suits which threaten the community's status as a residential village "all the way to the Supreme Court if necessary."
He said, "We don't want Skokie to have an amusement park appearance."
Compiled by Dr. Neil Gale, Ph.D.
TWO OTHER SIMILAR SUITS
Skokie is involved in two similar suits which are pending in Superior court.
In one, the Trust Company of Chicago has asked the court to compel the village to permit the construction of an outdoor motion picture theater on McCormick Boulevard just north of Touhy Avenue.
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| Sunset Drive-In, 7320 North McCormick Boulevard, Skokie, IL. Opened on July 22, 1951, and closed in 1978, replaced by light industry. |
Homes of Distinction Corporation of Columbus wants the court to order the village of Skokie to issue four building permits for the construction of Lustron Kit Homes. The suit alleges that the village board refused to issue the permits, in violation of the law, after issuing permits for two of the structures which are now occupied. The corporation was told when the two permits were issued that the village would grant no others for erection for demonstration purposes, Wells said, and the other was built for a war veteran and his family.
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| A Lustron Kit Home |
