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Politics & Government

Residents Dropped From Sisters of Mercy Lawsuit to Proceed with Separate Litigation

Evergreen Park residents who were previously listed on a lawsuit to stop the Sisters of Mercy from building a retirement home in the village have found their own representation and will move forward with the case.

After residents previously listed on a lawsuit with the village of Evergreen Park to halt development of a retirement center say they intend to proceed with their own separate litigation.

“We’re happy to be moving forward,” said Beth Amado, who’s listed on the lawsuit with Cathy Manahan and Michael Fitzgerald. According to her, the three are moving forward with the suit as a matter of principle.

“(The mayor and Village Board) made a promise to the community and it should be honored,” said Amado.

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, Mayor James Sexton has declined to comment on the lawsuit "because it is still under litigation. When it is further on, we will certainly let you know," he has told residents.

In 1954, the village of Evergreen Park deannexed a plot of land near 99th Street and Central Park Avenue and gave it to the in the city of Chicago, under the condition it would be used for "religious educational purposes," according to a village official. When the Sisters of Mercy made plans to build a Continuing Care Retirement Center on the property in 2008, the village of Evergreen Park and residents of Evergreen Park filed the lawsuit because the center was not for educational use.

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Residents who were listed on the lawsuit  Cainkar said he withdrew because the two parties had a difference of opinion. The village is considering settlement talks.

Residents have chosen attorney Patrick J. Ruberry, a partner at Chicago-based Litchfield Cavo LLP, to represent them.

“The mayor says (the argument) is split down the middle, but most people don’t want (the development),” said Manahan. “It’s just not enough space.” 

After this week, the residents said they will establish a nonprofit organization to fund their case. To go up against the village, it will cost them $1,000 to establish a not-for-profit organization.

“We’ve raised enough money to start,” said Amado, adding that the residents will need to raise about $50,000 more to pay Ruberry for legal fees.

Some residents considered cashing in on their retirement funds to help fund the case, said Amy Fitzgerald, who opposed the development for environmental reasons and because the land wouldn't be used for its originally intended purpose. Other supporters have been pledging money through email, a Facebook group set up to promote the effort, and posting on other social media websites.

The three residents will appear in court Nov. 28 to pursue their suit against the Sisters of Mercy.

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