“An outrageous & cynical abuse of government power that would hike
taxes, create congestion and threaten the village’s quality of life”

In a move designed to prevent the power of eminent domain from being cynically abused by the Village of North Hills, two separate lawsuits have been filed in federal and state courts to stop the Village’s ill-conceived plan to condemn the legendary Deepdale Golf Club, a 175 acre privately owned club that is considered one of the finest golf courses in the nation.

John Wilson, a North Hills resident and member of the Deepdale Club, initiated the state lawsuit explaining, “This proposed condemnation may be the most extreme abuse of eminent domain in the country. North Hills is trying to seize a private golf course for the purpose of creating a private ‘Village only’ golf course. This has nothing to do with a master plan that promotes the public good or eliminating blight, issues usually behind eminent domain. Rather, it is a naked grab for private property in an apparent effort to satisfy the private desires of a few elected officials.”

Wilson added, “This plan is as fiscally irresponsible as it is illegal. The cost of acquiring the course likely will well exceed $100 million. That cost will be borne by Village residents in the form of higher taxes. Moreover, the Village will have to sell a portion of the property to developers in order to help pay the bill. That means more congestion in our already congested Village. Either way, the North Hills resident will lose.”

North Hills Village Mayor Natiss and Trustees Phyllis Lentini and Marvin Rothenberg are among those cited in litigation.

Making the federal case

The federal lawsuit has been filed by the law firm of Wachtell, Lipton, Rosen & Katz on behalf of Deepdale’s Board of Directors and alleges that “The Village’s threatened bad faith use of the power of eminent domain to condemn Deepdale is unconstitutional and unlawful and should be enjoined.”

The litigation also states, “This planned condemnation of Deepdale, if accomplished, would violate the Takings Clause of the Fifth Amendment to the US Constitution…which prohibit the government from taking private property unless it is for ‘public use.’ No court has ever held that it is `public use’ for a village to condemn a private golf course so that its residents can use it as their own de facto private golf club. And no court has ever held that any government…can take some else’s private property on the basis that it will further increase the property value of the surrounding multimillion dollar homes owned by private residents - which the Village’s political leadership has admitted to be the true purpose of the taking.”

The suit further alleges that because “the Village must compensate the owners of the Deepdale property on the basis of its ‘highest and best use’” the price tag for the condemnation would be “substantially in excess of $100,000,000.”

State Supreme Court will hear Wilson’s complaint re: “incentive zoning”

In litigation filed in State Supreme Court by the law firm of Ruskin Moscou Faltischek, P.C., on behalf of Wilson, the complaint charges that, “This action arises from the defendants’ unlawful and ongoing abuse of the zoning authority granted them (by state law)…to which (the Village Mayor and Trustees cut), backroom deals with private developers under which the developers agree to make multi-million dollar payments to the Village in exchange for incentive zoning bonuses that permit the developers to eradicate forests and replace them with high-density condominium projects.”

Wilson’s lawsuit describes the scheme, meant to build a financial war chest to acquire Deepdale, as “ a perversion of purpose of the incentives zoning law.” It also states that the conduct [of the Village and its Trustees] should be declared illegal, and they should be enjoined from granting any further variances and from utilizing the proceeds already received as a result of their illegal conduct.”

At long last – sunlight.

Wilson notes, “In truth, the North Hills Village Board has acted as a private board of directors, making key decisions in executive session without community review, oversight or even comment. Their decision to try and seize Deepdale to advance the interests of developers has finally blown the doors off their ‘executive sessions.’ The irony will be that their effort to seize Deepdale will, in fact, provide a true ‘community benefit’ by putting sunlight on their past practices.

“Let there be no misunderstanding by North Hills Village officials. Their actions are a stunning, cynical and illegal abuse of the laws of eminent domain and incentive zoning that will be fought for years to come with every resource at our disposal. North Hills voters will be told in specific detail what this chilling attack on private property ownership could mean to them and how this is a Board that needs to brought back inside the rule of law,” concluded Wilson.

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