Petition updateStop Commercial Development of Oak Brook ClubhouseOAK BROOK CITIZENS SUE VILLAGE TO ENFORCE TAX CODE, MUNICIPAL CODE AND ZONING REGULATIONS
anne huberUnited States
Jul 27, 2025

On July 23, 2025, Oak Brook citizens sued the Village to enforce the Illinois Property Code, the Illinois Municipal Code and various zoning regulations.  Here is a press release about the lawsuit:

July 23, 2025--FOR IMMEDIATE RELEASE On July 23, 2025, Friends of Oak Brook Sports Core filed a lawsuit in the 18th Judicial Circuit Court for DuPage County against the Village of Oak Brook, Chic Chef Catering, Inc., Chic Chef Chicago, Inc. and a proposed assignee from Chic Chef Catering named Oak Brook Events, LLC. Joining as plaintiffs are two neighbors adjoining the 262-acre Oak Brook Sports Core tract.

The lawsuit alleges that the Village failed to properly approve a lease between the Village and Chic Chef Catering Inc. on December 12, 2023. The Illinois Municipal Code--Title 65--requires that three-quarters of the corporate authorities then holding office approve a lease that exceeds two years. Oak Brook has seven corporate authorities: six trustees and one village president. Under the law, six votes were required to approve the lease with Chic Chef Catering. However, on December 12, 2023, only five trustees voted in favor of the lease. Trustee Jim Nagel voted “no” due to his conclusion that the agreement was a “horrible deal.” Oak Brook President Larry Herman did not vote at all.

The lawsuit also alleges that Chic Chef’s alleged agreement cannot be carried out because it violates covenants and restrictions in the 1977 deed from The Butler Company to the Village of Oak Brook. Additionally, the lawsuit alleges that the banquet center and catering operations operated by Chic Chef Catering, Inc. and Chic Chef Chicago, Inc. are not allowed in the CR Conservation/Recreation zoning district, and that the Chic Chef entities are engaged in accessory uses that violate the Zoning Ordinance (insufficient parking, insufficient accessible parking, and hazardous and insufficient loading).

Friends of Oak Brook Sports Core opposes commercialization and privatization of the Oak Brook Sports Core. The Oak Brook Sports Core has historically been a tax-exempt property solely benefiting Oak Brook residents.

“I understand that York Township officials have requested agreements pertaining to uses within the Oak Brook Sports Core,” says Anne Huber, a member of Friends of Oak Brook Sports Core. “The Chic Chef agreement is like no other because Chic Chef has exclusive possession of the OBBT Clubhouse and is required to operate its business (on-site banquets as well as catering for events in three states) from a designated exclusive area in the Oak Brook Sports Core. Chic Chef does not conduct Village business at the OBBT Clubhouse. Chic Chef’s exclusive area is dedicated to Chic Chef’s for-profit activities.” 

The Chic Chef Agreement undeniably enables a private for-profit business to operate on tax exempt land. 

The Illinois Property Tax Code –Title 35--requires a governmental entity to notify the tax assessor of private businesses operating on tax exempt land. The Village failed to notify the tax assessor of Chic Chef’s agreement. Under the Illinois statute, because of the Village’s failure to notify, the tax assessor is now empowered, as a statutory remedy, to terminate the tax-exempt status of the entire 262-acre Oak Brook Sports Core.

In essence, the posture of President Herman and some Village trustees has enabled private entities operating on tax exempt land to avoid paying property taxes. In addition to DuPage County taxing bodies, the property taxes at issue fund Butler School District 53, Hinsdale School District 86 and the Oak Brook Park District. Private businesses’ failure to pay their property taxes unfairly inflates the property taxes that Oak Brook residents must pay.

President Herman and Trustee Manzo suggest that the Village failed to maintain and repair portions of the Oak Brook Sports Core. President Herman has stated publicly that privatization of the Village’s tax-exempt assets is the only way forward. “In pursuit of this remedy, the Village has violated the Illinois Property Tax Code, the deed, numerous zoning regulations and the Illinois Municipal Code,” Huber says.

For almost two years, Chic Chef has prepared food at the Oak Brook Bath & Tennis Clubhouse. It has then served this food on-site or delivered it and other accoutrements to events in Indiana, Wisconsin and throughout Illinois. In furtherance of its business activity, Chic Chef’s many trucks and vans have been continuously parked on Sports Core land. Semi-trucks and other trucks and vans are frequently delivering products to or from Chic Chef while children going to play at the OBBT pool and others playing tennis have no choice but to cross in front of or behind them. The Village has permitted this commercial activity on tax exempt land and has received sales taxes for such activities, as required under the Chic Chef agreement. Some people question whether the Village was entitled to receive all of these sales taxes under applicable law. Friends of the Oak Brook Sports Core asserts that the Village has committed severe errors. The lawsuit seeks to remedy these errors by enforcing the covenants in the deed to the Oak Brook Sports Core and other applicable law. 

The Oak Brook Village Board will conduct a special meeting on July 23, 2025, 7 p.m., at Oak Brook Village Hall, 1200 Oak Brook Road. At that meeting, the Village board will consider not only some of these issues, but also a proposal that will enable Chic Chef to construct a large forprofit banquet establishment on the Sports Core and utilize it for private business for decades.

Friends of Oak Brook Sports Core opposes this additional proposed commercial development of the Sports Core, and hopes that Village trustees will steer the ship in the right direction. Until this occurs, there will be continued challenges to the Village’s conduct since 2023.

“Friends of Oak Brook Sports Core firmly believes that the Village Board has an obligation to maintain and repair the facilities at our Sports Core just like all of the other assets of our Village,” its President Karen Bushy says. “From our very beginnings, Oak Brook village boards have recognized that they are caretakers of property and equipment owned by the people, and those things must always be well-maintained—for safety and for value and appearance. The Village Board of Trustees is there to do the hard work of caring for public property, and they must do it without violating the Illinois Tax Code, the Municipal Tax Code, zoning regulations or the deed.”

“The deed to the Oak Brook Sports Core reflects Paul Butler’s vision for what he considered his most precious property, but the deed also reflects the deep commitment to the people of the Village who voted to acquire the property: the vast open green space, active or passive sports and recreational opportunities, and the social benefits of having a place for our residents to gather for a variety of events,” Bushy continues. “All of this occurs in a place Paul Butler envisioned as natural and for residents of the Village. Friends of the Oak Brook Sports Core insists that the Village serve our residents by maintaining the facilities in the Sports Core, and by careful consideration of the long-term effects any improvements will have on the property and its use by the residents who own it. The Village Board is merely a steward of the Sports Core.

All of the decisions the Village Board makes about the Sports Core (including the Bath and Tennis Club) must prioritize residents and the clear purpose of this beautiful place.”

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Questions pertaining to this issue can be directed to (a) FOBSC President Karen Bushy, who served as Oak Brook President from 1991 and 2003, (b) FOBSC corporate secretary Anne Marrs Huber or (c) Attorney Mark Daniel, 630-833-3311, mark@thedaniellawoffice.com

The email for Friends of Oak Brook Sports Core is: friendsofoakbrooksportscore@gmail.com

The Friends of Oak Brook Sports Core website is: fobsc.org

Here is the July 23 meeting of trustees. Legal issues are discussed at minute 25.

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