Residents Share Concerns About City of Chicago Sisters of Mercy Lawsuit

More than 50 years ago, the gave to the a plot of land at 10024 S. Central Park Ave.

Today, that land is at issue in a lawsuit against the city of Chicago, and the attorney who represented the village and the residents now says he won't represent the residents.

In 1954, the Village of Evergreen Park deannexed the land and gave it to the Sisters of Mercy in the City of Chicago, but 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 a few years ago, the Village of Evergreen Park and residents of Evergreen Park filed the lawsuit because the center was not for educational use.

Beth Amado, of Evergreen Park, and other residents listed in the suit were recently notified that attorney Joseph Cainkar withdrew from representing the village residents while continuing to represent the Village of Evergreen Park.

Cainkar said he withdrew because the two parties had a difference of opinion. The village is considering settlement talks.

Trustees last year voted to reject a settlement proposed by the Sisters of Mercy, but residents are now upset at the possibility of the village reconsidering a settlement.

"How we got to the point where the Village is now considering hearing additional settlement talks is unknown to me," said Amado, one of the two residents listed as representatives of the residents of Evergreen Park in the lawsuit.

She complained to the village board at the latest trustees meeting.

"Although we understand (Cainkar's) legal obligation to withdraw, we are disappointed that the interests of the residents of Evergreen Park that we represent and that of the Village are no longer in alignment," said Amado. "Given that the Sisters of Mercy have made no concessions in regards to the use or size of the facility from what was presented a year ago after settlement talks, we could not in good faith, agree to any such proposal that did not address the concerns raised by the residents."

Amado contends that because a judge denied the Sisters of Mercy's motion to dismiss the case last month, the residents "have a right to trial on this matter."

In recent years, the Village of Evergreen Park held several open forums to talk about the issue and residents have circulated petitions to protest the development of the center.

"What circumstances have changed leading to a potential settlement?" resident Amy Fitzgerald asked trustees.

Fitzgerald was overtly opposed to the possibility of a settlement with the Sisters of Mercy, however she also raised environmental concerns about the property.

"I have stated this clearly at three public meetings in front of you, the Village Trustees, Joe Cainkar and hundreds of residents," she said. 

According to Fitzgerald, her five requests for an environmental study on the land have gone unanswered, even though, she said she was recently told that Cainkar holds a copy.

"This land has been doused with pesticides and fertilizers for over 50 years and when unearthed can release harmful elements into the surrounding areas," said Fitzgerald. She requested that Cainkar and the Village board "postpone a potential settlement agreement with the Sisters of Mercy until the Village of Evergreen Park has commissioned our own environmental study to protect the citizens of Evergreen Park and the students."

"The Village of Evergreen Park has no jurisdiction for the environmental issues or the building issues on that location," Sexton said, because the project was approved by the City of Chicago.

However, Sexton said that if the village can obtain a copy of an environmental study on the land, he'll try to make it available to Fitzgerald.

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