IN THE CIRCUIT COURT OF THE 16th JUDICIAL CIRCUIT

 DEKALB  COUNTY, ILLINOIS

 

DEKALB COUNTY BUILDING AND                           

DEVELOPMENT ASSOCIATION,                                             )

an Illinois not-for-profit                                          )

corporation, in its business capacity and as Assignee of 146 HOMEOWNERS listed in Exhibit 1 and on behalf of others similarly situated to said Assignors

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Case No.:  DATE \@ "yy" \* MERGEFORMAT 06 MR

 

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             Plaintiffs,

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vs.

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THE SYCAMORE PARK DISTRICT, a duly organized public entity, DAVID PEEK, as Executive Director and Individually, LAWRENCE STECZO, as President and Individually, MARLYN BURKART, as Vice President and Individually, RICHARD WAGLEY, as Treasurer and Individually, MARTIN JAHNEL, as Secretary and Individually, JOHN OWENS, as Commissioner and Individually and THE CITY OF SYCAMORE, an Illinois Municipal Corporation,

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             Defendants.

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AFFIDAVIT

 

AFFIANT

My name is Ken Andersen. I am the Vice President of the DeKalb County Building and Development Association. From 1999 to 2005 I served as a Board Member for the Sycamore Park District. In 2004 and 2005 I served as the Treasurer of the Sycamore Park District. I reside in the Townsend Woods subdivision, and a Park Impact Fee was paid to the Sycamore Park District prior to building my home. I am a taxpayer and resident of the State of Illinois.

 

DEMAND AND REFUSAL

As Treasurer of the Sycamore Park District I told the Park Board Members that it was illegal to use the Impact Fees from new homes to pay operating expenses such as rent. I also told the Board Members that they have a legal obligation to use the Townsend Woods and Landahl North Impact Fees to build a park in the Townsend Woods and Landahl North subdivisions. Instead, the Park Board Members falsely claimed to follow a legal opinion that does not relate to subdivisions such as Townsend Woods or Landahl North, and the legal opinion does not relate to payment of operating expenses from Impact Fees.

 

I demanded that the Park Board Members a) use the Impact Fees to acquire park land in the Townsend Woods and Landahl North subdivisions, b) stop using the Park Impact Fees for rent payments of the Community Center, and c) return the amount of the rent payments to the Impact Fee Fund, but the Park Board Members repeatedly declined. (See attached news articles). In fact, the City continued to allow building on land that should have been set aside for parks, even after being warned of the legal requirement to use Park Impact fees to acquire land that is “specifically and uniquely attributable: to the homes from which the impact fees were generated. 

 

My “demands” to the City and the Park were made in the spirit of cooperation and assistance to prevent the City and Park from digging themselves deeper into the hole of misappropriated funds, unavailability of land, and rising land costs in Townsend Woods and Landahl North.

 

IMMEDIATE AND IRREPARABLE HARM

Immediate and irreparable harm will occur if the Park Board is not immediately stopped from delaying the acquisition of park land and paying rent from the Park Impact Fee Fund because a) park land will not be available in Townsend Woods and Landahl North subdivisions due to the building of homes over the land, b) the Impact Fee Fund  will be depleted by continued rent payments so that the available funds are not sufficient to purchase park land, and c) the cost of land continues to rise thus preventing the purchase of appropriate size parks for the homeowners in Townsend Woods and Landahl North. Irreparable harm has already occurred because houses, roads and utilities were built over prime park land in Townsend Woods and Landahl North in the past 9 years the Park Impact Fees was being collected.

 

VERIFIED COMPLAINT

I certify that the facts alleged in the Complaint captioned above are true and correct to the best of my knowledge.

 

Date: August 26, 2006                          __________________________________

                                                                        Kenneth W Andersen, Affiant

 

 

Notary: