Posts Tagged ‘LaGrange IL’

LaGrange Faces Federal Lawsuit Over Pawn Shop Denial

Friday, July 30th, 2010

From Chicago Tribune Dot Com

La Grange faces federal lawsuit over pawnshop denial
July 29, 2010|By Art Barnum, Tribune Reporter

The village of La Grange and three community leaders have been sued in federal court by the bank and property management firm that worked unsuccessfully with a Berwyn businessman to open a pawn shop in downtown La Grange last year.

Oxford Bank and Trust, with corporate offices in Oak Brook, and Fifth Avenue Property Management, with corporate offices in California, filed the lawsuit earlier this month is U.S. District Court in Chicago.

They claim in the suit that their constitutional rights were violated when the village refused to issue Andrew Grayson a building permit and amended a zoning ordinance to exclude pawnshops following the public outcry that arose after the village had initially granted him a business license to operate All-Star Jewelry & Loan. The shop would have been in a building at 71 S. La Grange Road, next to the Village Hall.

The lawsuit contends that Village President Elizabeth Asperger; Village Manager Robert Pilipiszyn; and Michael LaPidus, former president of the La Grange Business Association, conspired against the proposed pawn shop operation and therefore cost the two business enterprises proceeds. The building remains unoccupied.

A lawsuit against the village last year in Cook County Circuit Court by Grayson was dismissed.

The federal lawsuit is seeking in excess of $75,000 for all monetary losses suffered by the two firms and punitive damages.

Attorneys for the village and the businesses could not be reached for comment on Thursday.

abarnum@tribune.com

Pawnbroker Files Lawsuit After Being Denied LaGrange Pawnshop

Tuesday, November 3rd, 2009

From: chicagobreakingnews.com

A Berwyn man whose plans to open a pawnshop in downtown La Grange were derailed in the wake of public outcry has filed a lawsuit against the village, its board members and the landlord of the building he was to occupy.

In the suit, which was filed Friday, Andrew Grayson notes he was issued a business license in May and said he received other assurances from the village as he prepared to open All-Star Jewelry and Loan as the same block as the Village Hall on La Grange Road.

But following objections from residents and business leaders that the shop would ruin the character of not only downtown La Grange but the village itself, village officials refused to issue Grayson a building permit in June and amended a zoning ordinance to exclude pawnshops from La Grange’s central business district in July.

Those moves came after Grayson hired an architect to create drawings required to receive his building permit and after he “expended considerable other sums of money as well as his time and energy in an effort to open the business,” the suit said.

Grayson is seeking in excess of $50,000 plus the costs of the suit from the village.

Dan Rice, Grayson’s attorney, said an out-of-court settlement was sought, but added the lawsuit was filed because the two parties “couldn’t agree on a number.”

The village only wanted to compensate Grayson for “the money he would be out of pocket that he couldn’t take to another business,” Rice said, “but not for his time.”

Village attorney Mark Burkland declined to comment on “past settlement discussions,” but said the village “was very careful and considerate about how it undertook the process of amending its zoning code and every element of that process was proper.”

“The pawnshop owner has no legal theory that supports his claim that the issuance of a business license entitles him to open up a pawnshop” and “oral discussions (with village officials) have no weight in the law to support his theory of recovery,” Burkland said.

Grayson also is seeking the security deposit and rent totaling $15,470 from landlord, John Brannen doing business as Fifth Avenue Property Management and trustee, Oxford Bank, in addition to the costs of the lawsuit.

A condition of the lease was that Grayson be able to do business as a pawnshop at the location, which he was not able to do, the suit said. Despite this contingency and the fact Grayson made “repeated demands, the landlord has failed to return the deposit and the rent,” the suit said.

Calls to Brannen were not immediately returned Monday.

Grayson declined to comment for this story, but Rice said his client has been “very frustrated,” especially since his wife just had their first baby a few months ago.

“He wanted to be hitting the ground running with a decent income in order to take care of the baby,” Rice said. “So…this puts him back further; there’s really no income coming in.”

–Lauren R. Harrison

La Grange Pawnshop Fate Still Uncertain

Friday, July 3rd, 2009

FROM THE CHICAGO TRIBUNE:

Future of La Grange pawnshop remains up in air
Propose zoning change would not stop opening, owner says
By Noreen S. Ahmed-Ullah

July 3, 2009

If banning pawnshops doesn’t do the trick, then a proposed effort by some residents to help a businessman recoup his startup costs may be enough to prevent one from opening in downtown La Grange.

La Grange Plan Commission officials approved a revision in its zoning code Monday, which included restricting pawnshops in its shopping district around La Grange Road and Ogden Avenue. But questions remain whether that could really bar a proposed pawnshop from moving in next door to the historic Village Hall.

The village issued a business license in May to Andrew Grayson, who recently managed a pawnshop in North Riverside, after determining nothing in the zoning code prohibited him from opening All-Star Jewelers in downtown La Grange. But then downtown business owners and village residents complained to officials that the store would tarnish the image of their town, would bring criminal activity into the neighborhood and would not be a good fit.

The Village Board will vote on the zoning code changes July 13. In the meantime, officials are trying to figure out whether the ban can really stop Grayson’s pawnshop from opening this month.

“The Village Board has yet to discuss this matter,” Village Manager Robert J. Pilipiszyn wrote in an e-mail. “It is not appropriate to speculate what the Village Board’s deliberations will be.”

But Grayson said his attorney has told him the zoning code changes will not affect him. He said his attorney has been approached by village officials regarding compensation, but no specifics have been discussed.

Zoning code expert Ronald Cope, author of the 2008 edition of the “Zoning Handbook for Municipal Officials,” said the village can’t deny issuing a business license to Grayson now or even next year solely because of the zoning code changes.

“It would be considered a lawful non-conforming use because it existed prior to zoning code revision,” Cope said.

At the Plan Commission meeting, one resident proposed that La Grange residents donate money to Grayson, who has paid for an architect and engineer, and signed a lease on the store.

“I don’t view it as an incentive for him to leave,” said David Bier, 44, who made the proposal and thinks negative perceptions about pawnshops will hurt the village’s image. “If he’s not going to be allowed to open, it doesn’t seem fair that he spent money and then mid-stream everything changed course on him.”

Bier’s idea drew applause from others who were moved by Grayson’s story. He told residents he’s an honorably discharged Marine; his wife is pregnant; he signed a lease and put money into the business after village officials issued the license.

But La Grange Business Association President Michael LaPidus, who has led opposition to the pawnshop, thought it would be a dangerous precedent. He thought the landlord for the vacant store at 71 S. La Grange Rd. should “take responsibility” for signing a lease with Grayson for a business that LaPidus believes would hamper downtown development.

“I’d hate for people to get the impression that we’re paying for him to go away,” LaPidus said. “I’m not sure that’s the solution.”

nahmed@tribune.com
Copyright © 2009, Chicago Tribune

 

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Pawnonomics by Stephen Krupnik tells the infamous history of the pawn broking industry and shines a bright light into
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