Homeowners have sued the village of Barrington Hills after being denied permission to move into their newly built mansion because of a dispute over the number of trees on the property.
Najamul and Nausheen Hasan built a 9,200-square-foot estate on a five-acre lot they purchased in 2007, but they sued last week after they were recently denied an occupancy permit by the village.
The Hasans claim in the suit that the village’s tree ordinance — spelling out how builders must replace the trees that they remove during construction — is unconstitutional. They also say their civil rights are being violated, and that the matter is “of an emergency nature” because they have leased their residence in Hoffman Estates after being told by the village’s building officer that they would be granted a temporary occupancy permit. The temporary permit for occupancy was later denied.
Read more here.
This poor couple have been put through hell and back by this village and are not the only residents who have had their civil rights infringed. Who can we thank for this? Who are the idiots that believe they can wield power unjustly without repercussions? Who is the idiot that made this decision? We residents are entitled to know….or must we submit a FOIA request?
If you read the article this is all on Don Schuman in the building department. He ignored the decision of the Plan Commission which had several meetings with the homeowners and caved when he apparently met directly with the homeowners. Now our tax dollars are being wasted on the aftermath and our town is once again embarrassed in the press. This has got to stop.
Thanks Kilroy. The link would not allow me access unless I subscribed for $.99. Which I have no intention of paying.
This poor couple should follow the rules and not destroy part of this villages heritage! Apparently the rules don’t apply to them.
I attended the committee meeting. What has to be brought to everyone’s attention is that the Hasan’s purchased that property with the intent of building their home. The property was heavily wooded and many of those Heritage trees mentioned and counted were understory and never would have survived to maturity. To replace all of them would have been stupid. You wouldn’t have room to build. Perhaps that ordinance needs some tweaking or was this one of the former administrations gestapo ordinances? Perhaps we should have a buckthorn ordinance – an invasive weed that chokes out native vegetation and fine those who cultivate it on their properties. To my knowledge the property owners had already spent $100,000 on arborist fees attempting compliance. Any wonder why so many homes are for sale in Barrington Hills?
Additionally Mr Schuman’s service should be terminated immediately.
After accessing the article finally I see there is no mention of Schumans name as was previously stated. My apologies if he is not involved.
I have an idea – why not email or call our village clerk about this?
As I have repeatedly said in public comment, VBH government transparency requires legal pleadings affecting VBH be posted on VBH website. If we the residents are paying for this litigation, we should have access to what we are being called upon to defend or prosecute. Residents should not have to go to the courthourse to review the court file.
It wasn’t too long ago in our history that residents learned through a single independent candidate for VBH trustee that VBH was being sued for 18 Million Dollars by an adjacent commercial landowner/developer which VBH had already spent 1.5 Million Dollars of taxpayer money in legal fees attempting to uphold out-dated conservation easements traversing across former Popular Creek Theatre property.
To the great crediit of the new VBH President, he quickly resolved the lawsuit though common sense approach without further bloodletting of the taxpayer. Great job Marty, VBH taxpayers are indebted to your leadership and resolve on this issue.
Thank you BHO for keeping us informed and doing the job VBH government should be doing. With exception of Harrington and Gohl, all of our current elected officials ran on the issue of transparency. It is now time for this “new blood” to formulate a comprehensive strategy on how they intend to make good on their promise. My suggestion, first and foremost overhaul the VBH website putting a tab called “VBH Litigation” posting at a minimum court stamped pleadings (Complaint, Answer, Affirmative Defenses and Counterclaim) as an effective and cost efficient means of keeping VBH residents informed.
I have campaigned twice and strongly advocated that in addition to posting court pleadings, all variable cost contracts, bidding, specifications for major construction improvements, road projects, specifications and variable line item billing statements be posted on VBH website as well. This will not only inform and educate the public on cost of government but will open the doors to greater competition resulting in a more cost efficient government.
Based upon VBH auditor’s report, a 43 Million Dollar pension obligation over the next 24 years, VBH government is going to have continue to find creative ways to run Village government more cheaply. [43 Million assumes a 5.2% retun on pension plan rather than 6.5% assumption in auditor’s report which we have never achieved even in this record bull market]
Trustee Gohl reminded all of us last BOT meeting the damage furtive Village government action does to public trust by his “suprising disclosure” concerning a VBH deal with the Village of Algonquin involving the LMP and Duda Property.
There is a Tree Preservation ordinance in our Village Code that clearly outlines rules regarding the removal of heritage trees during construction. The owner has to submit a tree removal plan and submit a tree replacement plan prior to construction. Trees are allowed to be removed for the placement of the house. Any trees removed other than those have to be replaced inch for inch. At the beginning of construction, a lot owner is clearly informed of this and actually signs the plan.
There is an appeal process outlined in the ordinance. If any person feels aggrieved by the requirements they may appeal to the Plan Commission. In Mr. Hasan’s case they ruled against him (unanimously). Their recommendation went to the Board of Trustees and the board voted to require Mr. Hasan to plant 110 trees (unanimously). Section (E) 4. of the ordinance states “No occupancy certificate shall be issued until any required replacement of heritage trees, as required by the TRP or TPP has been completed and the final tree inspection approval has been given by the building officer”
This ordinance has been in place since 12/14/07.
President McLaughlin has said to me he expects employees, officers and officials to follow our ordinances and codes to the letter without exception.
I wish no ill will toward the Hasans. I want nothing more than for the construction process to end. However, trees were illegally removed by Mr. Hasan and the best I can hope for is as many replacement trees as possible.
I had notified the village repeatedly when all of this was happening!