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Workshop FOUR - Round One

(42 posts)
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  1. spatny
    Member

    I didn't mean you Mike. I'm sure you are a smart, well-thinking guy who wants to better the town according to your lights. I respect even my adversaries because at least you are participating. I assume that goes both ways. But whenever people get multi-million $ advantages handed to them without anything coming back I start to wonder what is happening. There are various agendas out there, and I don't like to see us make a huge mistake predicated upon some unproven concept - the "If we build it they will come" scenario. Maybe, "If we build it we will ruin it." is applicable.

    Now B-B - well nobody can find fault with that. Place your bets on Big Ludmilla and her Ukrainian team - they're hot.

    Posted Tuesday Feb 27, 2007 12:36 #

  2. Catherine
    Member

    The "but for" test requires that "but for the TIF" development would not occur in the blighted/conservation area. The "but for" test is not met where 1) development is already occurring in the proposed contiguous area or 2) development is already occurring near the proposed area, according to the Illinois Appellate Court in the Pleasantdale case. The artificial carve-out of the VC will not affect a change in the view of the proposed TIF area. Further, the TIF is expressly not intended to control the kind of development that occurs; any development offered will be taken as proof that the area does not meet the test. As we have discussed, there is scarcely a property - perhaps none of the commercial ones - that has not been approached by a buyer. This would come out in a court case.

    As has been pointed out, neither the board nor its consultants or lawyers decide this matter: it is a question for the courts to review the facts and interpret the law, if some body, group or individual files a complaint challenging the declaration of a TIF area. If it is not challenged, this does not mean a place actually met the test.

    Posted Tuesday Feb 27, 2007 17:32 #

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