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Pierce Downer's Heritage Alliance v. Village of Downer's Grove

Case Date: 12/28/1998
Court: 2nd District Appellate
Docket No: 2-98-0170



Pierce Downer's Heritage Alliance v. Village of Downer's Grove, No. 2-98-0170

2nd Dist. 12-28-98



No. 2--98--0170

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

__________________________________________________________________________ ____

PIERCE DOWNER'S HERITAGE ALLIANCE, JOHN BANASZAK, WAYNE LELA, and ALBERT ROUFFA,

Plaintiffs-Appellants,

v.

THE VILLAGE OF DOWNERS GROVE; THE DEPARTMENT OF NATURAL RESOURCES; THE ILLINOIS HEALTH FACILITIES PLANNING BOARD; THE ADVOCATE HEALTH AND HOSPITAL CORPORATION, d/b/a Good Samaritan Hospital; and CITADEL PROPERTIES OAK BROOK L.L.C.,

Defendants-Appellees.

 Appeal from the Circuit Court

of Du Page County.

Nos. 97--MR--559

97--CH--681

Honorable

Bonnie M. Wheaton,

Judge, Presiding.

PRESIDING JUSTICE GEIGER delivered the opinion of the court:

The plaintiffs, Pierce Downer's Heritage Alliance, John Banaszak, Wayne Lela, and Albert Rouffa (collectively, Alliance), appeal from the November 7, 1997, order of the circuit court of Du Page County dismissing their complaint seeking an order of mandamus. In its complaint, Alliance sought to compel defendants the Village of Downers Grove (Village) and the Illinois Health Facilities Planning Board (Board) to engage in an environmental consultation with the Illinois Department of Natural Resources (IDNR) pursuant to section 17 of the Illinois Natural Areas Preservation Act (the Act) (525 ILCS 30/17 (West 1996)). Alliance argued that such a consultation was required before the Village and the Board could approve the construction and operation of a private health facility located on a site adjacent to Lyman Woods, which is an area protected under the Illinois Natural Areas Inventory (Inventory) (See 525 ILCS 30/17 (West 1996)). We affirm.

The facts relevant to the disposition of this appeal are as follows. The Advocate Health and Hospital Corporation (Advocate) owns and operates Good Samaritan Hospital located in Downers Grove. The hospital complex is located on 70 acres of land, approximately half of which has been developed. The southern, developed portion of the site contains the hospital, parking decks, office buildings, a retirement housing complex, roads, and other improvements. The northern portion of the site is undeveloped and consists of wetlands and an oak savanna.

The northern portion of the property is adjacent to Lyman Woods. Lyman Woods is an area of land protected under the Inventory pursuant to the regulations promulgated by the IDNR. See 17 Ill. Adm. Code