1976-78 Articles

The following articles give insight on the ongoing disputes between the city and NU regarding U2 uses, from 1976 until the Illinois Supreme Court ruling in 1978.

In April, 1976 a Chicago Sting soccer game scheduled for June became another point of contention in the zoning ordinance debate.

The following article describes how NU filed a suit against the City about the soccer game, the constitutionality of the ordinance, and the requested subpoenas. [Spotlight corrected the article's misspelling of subpoenas]

Below: November 11, 1976- "Evanston again rejects pro sports at NU."

Spotlight has not identified the newspaper that published the following article. The article mentions that the Evanston Council allowed a charity tennis match event to be held on November 27. There is no other reference in Spotlight's documents that the charity event actually took place.

Evanston again rejects pro sports at NU

The Evanston City council voted again Monday night against allowing professional events at Northwestern University facilities.

The council voted 16 to 1, with one abstention, to reject Northwestern’s petition to hold professional events at the university’s Dyche Stadium and McGaw Hall. In so doing, council members accepted a second committee vote against the plan and concurred in a recommendation delivered Monday by the zoning board of appeals. The zoning amendment committee last week recommended against the variance and the council then concurred.

In its resolution, the council said it was refusing permission for the university to book any type of events not now permitted. Events allowed include university sponsored athletic and other university-related events.

Nonprofit or community-oriented activities can also be held, but only with the city’s permission.

The university asked for a variance to allow “professional and amateur athletic contests, circuses, carnivals, home shows, horse shows, expositions, exhibitions and other entertainment.” The council said no to all of the above.

The council voted 8 to 7 however, to allow a pro-celebrity tennis match to be held in McGaw Hall Nov. 27 for the Muscular Dystrophy Assoc.

Aldermen who voted against the tennis match said that approval of the event would lend credence to Northwestern’s claim that the zoning ordinance allows to permit events it likes and rejects those it doesn’t like.

Those who voted to hold the matches said they feared that rejection would vindicate Northwestern’s claim that the law was unreasonable.

Evanston Review - January 13, 1977

Appellate Court next for NU vs. Evanston

Northwestern University will not take its latest defeat in the Dyche Stadium-McGaw Hall zoning battle sitting in the grand-stands.

The University will appeal a Dec 21 ruling by Circuit Judge Arthur Dunne, which dismissed Northwestern’s zoning suit against the City of Evanston, to the Illinois Appellate Court, Robert Kurz, associate athletic director, said last week.

Northwestern sought to have the city’s zoning ordinance declared unconstitutional and, according to cases brought before two zoning appeals panels last fall, sought virtually unrestrained uses of the Dyche-McGaw sports facilities.

In dismissing the suit, Dunne agreed with a contention of Evanston Corporation Counsel Jack Siegel that the university had failed to exhaust its avenues of administrative appeal through the city’s zoning amendments committee and zoning board of appeals.

Uses which Northwestern requested during appearances before the zoning panels included professional and amateur athletic contests, circuses, carnivals, horse shows, and commercial enterprises and exhibitions.

But on Sept 21 the university called to witness to testify before the zoning board of appeals in support of its claim that the zoning ordinance.....[illegible and paragraph cut off]

Representatives presented the board with a statement declaring the zoning ordinance unconstitutional.

With no case to consider, zoning board members denied the request by a vote of 7-0. The city council later upheld the decision 14-0.

“This is not a ruling on the case’s merits,” said Siegel. “Northwestern could, if so desired, begin the procedures all over again by filing an appropriate request for zoning variation or amendment.”

Kurz said the university has no plans at present to appear again before either of the city’s zoning review panels.

John Walsh

Below is the March 19, 1977 article is about Northwestern defying the subpoena.

Northwestern U. defies subpoena

Northwestern University will not comply with subpoenas issued Tuesday by the Evanston Zoning Board, a university attorney said Thursday.

The subpoenas, requested by residents living near Northwestern's Dyche Stadium, on Central Street, ask for information about Northwestern's request to hold professional sporting events and other commercial activities on university property.

"We're not going to obey those subpoenas until a court tells is to," said attorney Fritz Brace of Sidney and Austin, Chicago. Brace questioned the constitutional authority of the zoning board to issue subpoenas. City spokesmen said the authority is granted by state law but has never been used by the zoning board.

THE UNIVERSITY WILL supply some of the subpoenaed information voluntarily but will withhold a part of it, Brace said.

Northwestern's request to hold professional sporting events at Dyche Stadium is scheduled to be heard April 30 by the zoning board. Unless subpoenaed information has been supplied by that date, however, the zoning board is expected to simply continue the case, the city staff spokesman said. University representatives did not attend.Thursday's zoning board hearing to object to issuance of the subpoenas.

THE SUBPOENAED information includes all types pf data on whether permitting commercial events in university districts would change the character of the neighborhood, said Donald O'Meara, 1313 Isabella St., attorney for several neighborhood residents. The subpoenas ask that the information be delivered to opponents of the university's request.

The opponents claim that allowing professional sporting events at the stadium would endanger the residential nature of surrounding neighborhoods.

The following three articles deal with the case of the Soviets Tennis match that was caught almost in flagrante when Mr. Nehring notified the City about the impending game's advertising sign affixed to a cyclone fence.

NU had not bothered notifying the City about the match, a game that would have violated the City Code.

City to bar tennis match

A world Team Tennis (WTT) match between the Indiana Loves and a team from the Soviet Union scheduled at McGaw Hall may become the latest victim in the continuing zoning war between Northwestern and the City of Evanston.

The match promoted as a fund raiser for Northwestern's men's and women's tennis teams, is scheduled to be held July 27 according to Northwestern Athletic Director John Pont.

But according to Evanston City Manager Edward martin, the match is "an improper use" of McGaw Hall, as stated in the Evanston zoning ordinance.

The ordinance prohibits the use of Dyche Stadium or McHaw Hall "for professional athletics, sports or games, or other commercial purposes."

Currently, Northwestern is trying to overturn the ordinance in the Illinois Appellate Court.

"We think it (the WTT match) is a violation of the zoning ordinance," said Martin. "I expect the university to comply with the ordinance."

Lee Ellis, Northwestern's senior vice president for business and finance, said the future of the tennis match is uncertain.

"We have not made a final judgement about how far we are willing to push the issue." said Ellis.

John N. Korff, general manager of the Soviet team, was unaware of the conflict when contacted in Philadelphia.

"I can't understand the logic of anybody in the community situation," said Korff. "I think they should put their heads back in the sand."

Korff said that he was aware of the Evanston ordinance, but felt the WTT match didn't qualify as a professional event.

The Soviets are an amateur team, and the players receive no money. However, the Soviet Sports Federation is reportedly receiving $150,000 to $2000,000 from the league, and WTT is paying all of the Soviet players' expenses.

Since it is WTT policy to give the home teams all gate receipts, the Indiana team would receive no money from the McGaw Hall match.

As amateurs, the Soviets would only be given a small, but undisclosed, portion of the gate. The university would keep the rest.

"The amount(being paid to the Soviets) is peanuts compared to what we (the university) can make," said Jane Booth, Northwestern's women's tennis coach. Booth explained that corporations are helping to underwrite the Soviet team's guarantee in return for promotional considerations, leaving all the money from ticket sales for university use.

however, if the match does not take place, Northwestern will be liable for the guarantee, said Ellis.

Korff and Ellis both felt the match would benefit the city.

"We (the university) think it is a good cultural event," said Ellis. "apparently the city doesn't view it that way."

Michael Kaplan

Tribune - July, 1977

Court decision on NU delayed until Monday

SOVIET TENNIS players, scheduled to play the professional Indiana Loves Wednesday at Northwestern's McGaw Hall, apparently must wait until Monday to learn if the American judicial system will permit them to perform here.

An Evanston vs Northwestern case in Cook County Circuit Court will carry over until Monday before Judge Richard L. Curry.

The decision may not only determine whether the match will be held., but whether the Chicago bears or other professional teams may play in the McGaw-Dyche Stadium complex.

The city has sued Northwestern because the proposed tennis match violates an Evanston zoning ordinance barring pro sports events in Northwestern's facilities.

Northwestern attorney Fritz Brace Friday called the ordinance "unconstitutional and irrational."

Witnesses for the University testified Friday that the school is realizing only a 1 to 3 per cent profit from the 37-acre Dyche-McGaw complex valued at $7 to $10 million.

The Bears may need a new home base next year when Soldier Field is scheduled to undergo extensive repair.

Bear's General Manager Jim Finks, said Friday: "we'd move only out of necessity. Right now if there were a necessity, it would be a toss up between Dyche Stadium and Comiskey Park."

Bill Jauss

Tribune - July 1977

NU uses ammunition to go after 'big one'

THE CHICAGO bears, the Chicago Sting, and the Soviet tennis players all come into play in the Evanston vs Northwestern case Thursday in Cook County Circuit Court.

But perhaps the best way to explain the behavior before Judge Richard L. Curry is to use a fishing analogy.

University attorneys and their witnesses are like muskie fishermen. They're after the Big One. The Bears (and to a lesser degree soccer's Sting) are the muskies. The Soviets are little bass.

And the game warden is Evanston City attorney Jack Siegel. He is as tough in cross examination as a warden when he nails a fisherman without a license.

EVANSTON HAS sued Northwestern becasue the school booked a pro tennis match in McGaw Hall next Wednesday night between the Soviet team and the Indiana loves, both members of World Team Tennis. This, the city contends, violates an ordinance that prevents Northwestern from hosting professional sports events.

Neither the city, Siegel, nor complaining homeowners in the McGaw-Dyche Stadium neighborhood really care whether Olga Morozova of the U.S.S.R. plays Sue barker of Indiana [and England] next Wednesday. But they object to the thought of Bear star Walter Payton drawing 55,000 people to see him scoot on the Dyche Stadium artificial sod.

The University attorney Fritz Brace Thursday called a Northbrook certified public accountant and a New Orleans real estate appraiser into the trial that is expected to end Friday.

The real estate appraiser, Jean Felts, testified that she had been assigned by Northwestern to study the effect om Sugar Bowl neighbors from the professional New Orleans Saints,who drew crowds of 70,000 in the residential neighborhood from 1965 until 1974, when they moved into the Superdome.

"My conclusion,"said Felts, "was that there was no loss in property value due to the Saints playing there."

This testimony was to answer plaintiff witnesses who testified Wednesday that they feared devaluation of their Dyche neighborhood homes if the Bears or Sting drew huge crowds there.

Felts also testified that she had examined the Dyche Stadium neighborhood Thursday morning and determined that "houses there in general have a similarity to those in the Tulane Stadium [Sugar Bowl] area."

IN CROSS EXAMINATION, Siegel knocked down Felt's appraisal or the area and the stadium itself, and CPA Burt K. Fischer testified on 'guesstimated' profits from the rental of both Dyche Stadium and McGaw.

The reliability of his estimates, too, was questioned.

Bill Jauss

The following article mentions the Bears practices in the Stadium. See also:

1978 incl. Zoning Code & Siegel "football is not football"

Evanston Review - January 9, 1978

Law ‘irrational’, Strotz tells Lytle

Northwestern University Pres. Robert Strotz lashed out Tuesday at Mayor Jay Lytle and called the Evanston zoning ordinance “irrational” and “unconstitutional” for the restrictions it places on NU’s use of Dyche Stadium.

Strotz made his comments in a letter to Lytle in response to the mayor’s letter of Jan [...], which reprimanded NU for allowing the Chicago Bears to practice in Dyche Stadium [...] to their NFL playoff game against the Dallas Cowboys.

“Since the city is exercising its vigilance so diligently, I trust you have notified the board of School District 202 that they also committed a ‘violation’ by permitting the Bears to practice in the ETHS fieldhouse on Dec. 21, 1977, in preparation for their playoff game against the Cowboys,” Strotz said.

The zoning ordinance contains no prohibition against non-university uses of Dyche Stadium, Strotz said.

“It is disturbing to me that the city continues to interpret the ordinance in such an arbitrary fashion,” he added.

Lytle said the interpretation of the zoning restrictions at Dyche will have to be decided n court. A suit brought by the university against the city awaits a ruling by the Illinois Supreme Court on a technical point of litigation.

“I think our interpretation is more restrictive than the university’s, and that’s a question the courts will have to decide.” Lytle said.

Lytle denied city inspectors have arbitrarily enforced the zoning ordinance against and will continue to do so,” he said.

Lytle declined comment on Strotz claim that District 202 School Board should be similarly reprimanded for allowing a Bear’s practice.

“First I’ll have to verify that the Bears did practice there,” Lytle said “Then I’ll have to look at the zoning ordinance to see if such practice is prohibited there.”

The mayor said he would send ETHS the same letter he sent Strotz, if he considers a Bear’s practice there would be forbidden by the zoning ordinance.

Asked if he thinks the public te [tension?] with Strotz will jeopardize the [...] peaceful accord in city-university relations, Lytle said he does not think it [...]

“I think that Mr. Strotz and I have an understanding that each issue between the city and the university will be considered separately,” Lytle said. “I don’t think it will affect the other issues between us.”

John Walsh

Evanston Review - January, 1978

City willing to weigh NU Stadium dilemma

AS committee of Evanston aldermen hinted strongly Monday that the city council may consider amending the zoning ordinance to allow more liberal use of Northwestern University’s Dyche Stadium ad McGaw Hall if NU will drop the lawsuit against the city.

Members of the planning and development committee indicated a willingness to work toward settling the suit out of court after turning down a request from the Northeastern Illinois Council of Boys Scouts for use of McGaw Hall for a camping and craft show in the spring.

Committee members agreed to step cautiously in offering the olive branch of conciliation to Northwestern. Corporation Counsel Jack Siegel recommended discussing the proposed zoning amendments in executive session, because the discussion may affect the city’s strategy as defendant in the litigation.

Mayor Jay Lytle said earlier Monday he would prefer negotiating a settlement of the NU suit to allowing the litigation to continue until it is decided in court.

“I’m anxious to resolve this conflict and find a way of doing it out of court,” Lytle said.

Committee members said they would explore a negotiated settlement because a [] ban on nonuniversity uses at Dyche and McGaw is depriving the Evanston community of educational and fund-raising activities.

Siegel estimated the litigation over Dyche and McGaw may continue for two or three more years.

DURING the PAST month, the committee has denied request for a fund-raising James Brown concert at McGaw, a drum and bugle corps competition at Dyche and the Boy Scout exhibit. The 4^th of July Assn annual fireworks display and a District 65 spring track meet also appear in jeopardy.

Ald. John Allen (7^th), who represents the ward in which Dyche and McGaw are located, said his contacts with neighbors of the sport arenas indicate some expanded use would meet with neighborhood favor.

“Many of the neighbors willing to have expanded uses of McGaw Hall, but not Dyche Stadium,” Allen said. “I think if Northwestern drops its litigation, an agreement can be hammered our quite quickly.”

The city’s zoning amendments committee has held hearings in the past in an effort to recommend ordinance amendments to accommodate some additional uses of the sports centers. The committee’s report, however, was never released because of the litigation NU brought against the city.

Siegel said consideration of the recommendations in executive sessions may be a first step toward settling the suit out of court.

The special session is expected to be held in March.

Evanston Review - February 23, 1978

Time to compromise

For those in the business of trying to please most of the people most of the time, “no” is probably one of the most difficult words in the English language to pronounce.

Since hardboiled and nasty cynics believe that politicians’ tongues may be physically impaired when it comes to forming that monosyllable, even in cases involving expenditures of public funds, or, perhaps, especially in those cases.

But cynic or not, one must sympathize with he plight of the members of the city’s planning and development committee who have had to say “no” to three community groups that did not ask for money, and all in the span pf one short month.

FIRST THE community turned down a request by Love Productions for permission to use McGaw Hall for a benefit concert. Barely recovered, the poor members had to utter that word again to the Evanston Chamber of Commerce on a request to use Dyche Stadium for a drum and bugle competition.

But the coup de grace came when the Boy Scouts of America asked to hold an exhibit in McGaw. Who can turn down the Boy Scouts and not suffer outrageous pangs of guilt?

Not our aldermen. They took no comfort in the fact that they have a very good reason for saying “no”.

Northwestern University is suing the city over the question of using Dyche Stadium and McGaw Hall. The suit, which challenges the constitutionality of the city's zoning ordinance, is before the Illinois Supreme Court awaiting a ruling on a legal technicality. According to legal advice, allowing for expanded nonuniversity uses of the facilities may prejudice the city's court case.

AND UNFORTUNATELY, by the most optimistic speculation, the matter is likely to be in one court or another for at least two or three years before a final decision is reached. That means community groups will be able to use the facilities.

Acting in a most reasonable fashion, the committee and the mayor have decided to explore the possibility of settling the matter out of court. The city will consider recommendations made by the zoning amendments committee on expanding the use of the facilities, but never revealed because of the litigation, next month in an executive session.

While shrouding this matter in secrecy may protect the city’s position in court, discussing zoning amendments behind closed doors may be a stretching the Illinois Open meetings Act a bit too far. City officials should take care in avoiding establishing such a precedent. However, given Northwestern’s heretofore demonstrated aversion to long-term cooperation with city officials, it is no wonder the city is proceeding in a careful manner.

It seems the time is ripe for compromise. Residents in the neighborhood have indicated a willingness to put up with expanded uses of McGaw Hall, which has adequate parking to accommodate its seating capacity.

The question remains. Is the university willing to reconsider its position that it should be allowed to rent Dyche for commercial athletic activities regardless of the effects on the surrounding neighborhood?

A “no” answer to that question would certainly leave no doubt in the minds of Evanston residents as to who is the real heavy in town. And should NU prove uncooperative, community groups that want to use McGaw and Dyche in the future might consider lobbying the university board of trustees and Pres. Robert Strotz. They, too, may find that saying “no” over and over again is a most difficult and unpopular exercise.

Evanston Review - April 6, 1978

Court looks at McGaw dispute

Northwestern University’s legal dispute with the City of Evanston and McGaw Hall is going to the Illinois Supreme Court for a ruling on a technicality.

The high court announced Friday it will review the case, which hinges now on the question of whether NU exhausted its administrative remedies for relief before filing suit against the City in Cook County Circuit Court.

After university representatives failed to present a full case for relief from the city’s interpretation of the zoning ordinance as it affects Dyche and McGaw, the zoning board of appeals turned down a request for a variation to allow expanded uses of the sports arenas.

The city maintains that only university-affiliated groups can use the sports complex.

NU took its case to court, where Judge Arthur Dunne ruled Northwestern had failed to exhaust its administrative remedies and ordered the university back to the zoning board.

The Illinois Appellate Court, however, reversed Dunne’s ruling last year, and the city took the case to the Supreme Court.

If the high court is successful in the appeal, NU may find itself before the ZBA once again.

Meanwhile, both city and university officials have expressed willingness to attempt to settle the suit out of court. The city council’s planning and development committee has met three times to executive session to discuss its approach to a settlement, though committee members say little progress has been made.

Evanston Review - December 7, 1978

City wins high court case against NU

Evanston city officials are jubilant.

But Northwestern University officials aren’t saying anything yet about Monday’s Illinois Supreme Court decision.

That ruling said the university may be prohibited from having professional teams play on campus.

The decision upholds a lower court’s ruling and dismisses NU’s suit which claimed the city’s zoning ordinance barring nonuniversity uses is unconstitutional.

NU OFFICIALS HAVE attempted within past years to have professional sport teams utilize the campus facilities of Dyche Stadium and McGaw Hall.

These teams include the Chicago Bears, the Bulls basketball team and the Chicago Sting soccer team.

The state Supreme Court also ruled that NU will have to seek zoning variances through the established zoning board.

THE HIGH COURT’S decision is the most recent in a chain of legal actions which began nearly seven years ago between Evanston and Northwestern.

The university was in the middle of a zoning appeal in 1976 when it filed suit against the city in circuit court, charging the zoning ordinance was unconstitutional.

“I’m absolutely delighted with the decision,” said Jack Siegel, city corporation counsel. “It means northwestern will have to follow the same rules everybody else does.”

CITY MGR. EDWARD Martin echoed Siegel’s sentiments and said he was pleased it, “put to rest the constitutional questions concerning the zoning law.”

Ald. Lola Flamm (7^th), whose ward is where Dyche Stadium and McGaw Hall are situated, applauded the recent ruling.

“I’m delighted. A whole neighborhood and city were at stake,” said Flamm. “I’m sorry NU took such an adversary position, and it’s time to stop and become good neighbors.”

“IT’S JUST ONE step in a long series of litigation,” said Mayor Jay Lytle. “But I’m pleased the Evanston position was upheld.”

Michael Weston, university attorney, declined to comment on the decision. He said Northwestern officials are waiting to read the entire decision before making a public statement.

If the university declines further court action, it will have to start at the beginning of the zoning appeal process in its quest for a variance.

“If they want a variance, they will have to start all over again,” said Siegel.