OK, I am not a lawyer, but I hope that citizens can read and understand (at least as through a glass, darkly) the law they pay for, although they certainly cannot give legal advice! Do you think we pass this test as discussed by one of our appellate courts in the Pleasantdale decision. I mean, doesn't this sound just like us? This is but one test which must be passed in order to qualify. I thought I would just post it here for those unable or unwilling to dig it up!
"II. But-For Finding
The trial court also found that development of the Subject Property would occur without the aid of TIF designation. The TIF Act requires a showing that the Subject Property "would not reasonably be anticipated to be developed without the adoption of the redevelopment plan." 65 ILCS 5/11-74.4-3(n)(J)(1) (West 2002). This is the but-for test.
The Village contends that the trial court's but-for finding was in error because the court failed to consider that the development of property within the proposed TIF district has been stagnated while properties outside the TIF area have continued to develop. The Village is incorrect. An examination of the trial court's order granting the School District's motion for summary judgment shows that the court was aware that economic development in the proposed TIF district had been stagnated. The trial court, however, determined that this stagnation was not attributable to any alleged blighting factors on the Subject Property but, rather, was due to the tax disparities between Cook and DuPage Counties. The trial court also noted that, in spite of the large tax impediment, a 30-screen movie complex and a residential townhome development had been proposed for the Subject Property but were denied by the Village planning commission after a large number of residents actively campaigned against the two projects.
The record shows that the absence of TIF financing did not discourage other developers from being interested in the Subject Property. For example, a company called Care Matrix was willing to proceed with a development on 19 acres of the Subject Property without TIF financing. Moreover, the course of development in the area immediately surrounding the Subject Property supports the trial court's finding that the lack of development on the Subject Property is due to the tax disparities between Cook and DuPage Counties rather than any statutory blighting factors. The record shows that during the early to mid 1990s, three banks, two office buildings and a restaurant were developed in the immediate area of the Subject Property. The record also shows that Barton proceeded with his project before the Village actually adopted the ordinances establishing the TIF district.
Given the evidence showing that developers were interested in the Subject Property without TIF financing and the evidence that growth and development were occurring in the immediate area of the Subject Property, there is no basis in the record to overturn the trial court's finding that the Village failed to meet the but-for test articulated in the TIF Act. See Castel Properties, 259 Ill. App. 3d at 442-43 (affirming the trial court's finding that the city therein failed to meet the but-for test, highlighting the extensive evidence of growth and redevelopment occurring in the area and noting that a project was being developed without the TIF issue having been determined)."
Of particular interest to me was that the failure to develop had to be "due to the blighting factors" and not merely accompanying any blighting factors. (Leaving apart any argument of whether a sufficient number of blighting elements are present to qualify us.) And also that development NEAR the TIF area was disqualifying.