Mobile-Park Owner Sues To Stop Asphalt Plant

The owner of a Des Plaines, Ill., mobile -home park adjacent to the site where city officials have approved the construction of an asphalt plant has sued the city and the plant's manufacturer, trying to stop it from being built.

The suit alleges that Des Plaines officials violated city ordinances and the state's Open Meetings Act during the process of approving Plote Construction Inc.'s plans.

City officials ignored evidence that an asphalt plant within 100 yards of Touhy Mobile Homes Park could be excessively noisy and a health hazard for its 1,500 residents, as well as adversely affect property values--all in violation of local ordinances, the suit alleges.

"The operations of the proposed plant would almost certainly result in odors, dust and noise at the residences at levels that violate the Illinois [Environmental Protection Agency] guidelines and the City of Des Plaines ordinance," the suit says, quoting DAI Environmental. DAI is a Lake Forest consulting firm hired by Bill Flapan, whose family has owned the park for 43 years.

In the past, city officials have defended placing the plant near the park, arguing that the area is zoned for manufacturing. Plote's current asphalt plantis being displaced by the expansion of O'Hare International Airport.

The variances, which the City Council approved last month, allow the plant to be built with a 74-foot silo and a 90-foot conveyor, overriding the zoning height restriction of 40 feet. The exceptions also exempted side, rear and front setback requirements.

The suit accuses the Des Plaines City Council of violating the state's Open Meetings Act by holding a closed session prior to a Dec. 1 City Council meeting. The variance was approved at a Dec. 1 council meeting. Chicago Tribune