1976 Subpoenas March- June

What follows is the correspondence between attorneys for Evanston residents and NU regarding the subpoenas issued to NU, and the PDF.

For media coverage on the subject see the March 19, 1977 article: 1977-78 Articles

March 12, 1976

Evanston Zoning Board of Appeals

Attention: Mr. David N. Rasmussen, Secretary

Dear Mr. Rasmussen: I reside at 2748 Asbury Avenue, Evanston, Illinois, where I, together with my wife, own a single family dwelling. On behalf of myself and Michael Monaco who owns a single family dwelling and resides at 418 Isabella Street, Wilmette, Illinois, I join the request of Donald J. O'Meara of 1312 Isabella Street, Evanston, Illinois, for the issuance of subpoena duces tecum upon Rolf C. Campbell, William A. McCann and Northwestern University in the form requested by Mr. O'Meara in his letter of March 1, 1976.

On March 16, 1976, at 8:00 o'clock p. m., I will appear before the Zoning Board of Appeals in the City Council Chambers at 1501 Oak Avenue in Evanston and at that time request the issuance of subpoenas as outlined above. This request is made in accordance with and pursuant to Section XII C.3 of the Evanston Zoning Ordinance.

I will also request issuance of a further subpoena duces tecum on Northwestern University in form and substance as the copy enclosed herewith.

Thank you for your consideration.

Very truly yours,

Matthias A. Lydon

March 19, 1976

City of Evanston Zoning Board of Appeals

Attn: David Rasmussen, Secretary

Re: Zoning Board Case 4-76-V(R) 1501 Central Street

Dear Mr. Rasmussen:

Please be informed that Northwestern University and William A. McCann will not comply with the "subpoenas" purportedly issued by the Zoning Board of Appeals on March 15, 1976.

However, as a courtesy to Messrs. Johnson, O'Meara, Lydon, and other interested residents of the area, we will allow them to examine the exhibits we plan to introduce before the Board on April 20 in advance of that date.

Sincerely,

James Perry

Attorney

Exhibit G

[Handwritten]" Exhibit 21"

March 22, 1976

City of Evanston

Zoning Board of Appeals

Attn: Mr. David N. Rasmussen, Secretary

Re: Zoning Board Case No. 4-76-V(R) 1501 Central Street

Gentlemen:

On March 16, 1976 I appeared before the Evanston Zoning Board of Appeals on behalf of certain Evanston residents who live within 250 feet of the Dyche Stadim and McGAw Hall properties for which Northwestern University is seeking a variance. Pursuant to Section XII 3 of the Evanston Zoning Ordinance, I requested the Zoning Board to issue subpoenas for service upon Northwestern University and two Northwestern University experts (Mr. William McCann and Mr. Rolf Campbell). Northwestern university received proper notice that I would appear before the Zoning Board on March 16 to make such a request, but Northwestern University chose to appear and contest the issuance of the subpoenas.

The Zoning Board issued the subpoenas as requested, and these subpoenas were personally served upon Northwestern University and Mr. William McCann. Service of the subpoenas is presently being made upon Mr. Rolf Campbell through the U. S. Mail.

On March 19, 1976 Northwestern University sent a letter to the Zoning Board of Appeals advising tat Northwestern University and William McCann would not comply with the subpoenas. A copy of this letter is enclosed for your reference.

What follows are two ZBA documents issued to NU. The university attached these two documents to the "Memorandum in Support of Motion to Quash Subpoena" submitted to the Circuit Court for the case Northwestern University vs City of Evanston, April 12, 1976.

1.SubPoena Duces Tecum - Exhibit B

2.Subpoena - Exhibit C

The Memorandum is shown below:

On April 19, 1976 Shalom Kohn, on behalf of NU, notified Evanston Corporate Counsel Jack Siegel about the filing of a "Complaint for Declaratory Judgement and Other Relief" in the Circuit Court (Northwestern University vs City of Evanston).

Below is the Complaint . The affidavit is signed by NU lawyer, James M. Perry, On April 12, 1976

What follows is the Pdf and then the transcriptions of the correspondence in June, 1976 between NU and lawyers for the residents regarding NU's documents available for inspection.

Here are the requests that NU made in their Complaint for Declaratory Judgement and Other Relief

Wherefore, Plaintiff prays as follows:

1.That this Court declare that Section VII.B.U2 (a) of the Evanston Zoning ordinance is unconstitutional on its face and as applied by defendant to prevent plaintiff’s use of its property for professional athletics or other commercial purposes;

2. That defendant be temporarily and permanently enjoined from enforcing Section VII.B.U2 (a) of the Evanston Zoning Ordinance with respect to any facilities on plaintiff's property;

3. That the “subpoena” purportedly issued by the Evanston Zoning Board of Appeals be quashed;

4. That this Court issue a preliminary injunction prohibiting defendant from interfering with the scheduling, planning, or playing of the Chicago Sting soccer game on June 13, 1976

5. That this court issue a writ of mandamus directing defendant, through its agencies the Zoning Board of Appeals and the Zoning Amendment Committee, to hold hearings on the University’s Application for Variation and Petition for Amendment without delay;

6. That plaintiff be granted such other and further relief as the Court deems just and proper under the circumstances.

June 21, 1976

Zoning Board of Appeals

Re: 4-76-V(R) 1501 Central Street

Gentlemen:

Northwestern University has recently received the transcript of the Board's May 18, 1976 meeting, at which time the hearing on Northwestern's variation was continued from July 20, 1976 to September 21, 1876 at Donald J. O'Meara's request.

Mr. O'Meara's remarks made much of an alleged "defiance" by Northwestern of subpoeans issued by the board.

The Board should be informed that Northwestern has produced over 5000 pages of documents pursuant to a request served in the Court proceedings, and has made these available to Mr. O'Meara and other interested parties as well. A copy of the relevant correspondence is enclosed. Although these documents have been available since June 15, to date Mr. O'Meara and his various co-counsel have not made nay effort to examine them nor expressed any interest in doing so.

Accordingly, Northwestern requests that the Board reschedule the hearing on Northwestern's variation for the earliest possible date.

Very truly yours,

Frederic F. Brace Jr.

June 21, 1976

Russell E. Q. Johnson, Esq.

Donald O'Meara, Esq.

Jack Siegel, Esq.

Matthias A. Lydon, Esq.

Robert J. Mangler, Esq.

Re: Northwestern University v. Evanston

Gentlemen:

As I informed you in my last letter, Northwestern's documents responsive to Mr. Lydon's request have been available for inspection and copying since Tuesday afternoon, June 15. Please let me know as soon as possible when - or if - you plan to examine these documents, as they should be returned to Northwestern's files.

Sincerely,

Shalom L. Kohn

Zoning Board of Appeals

Re: 4-76-V(R) 1501 Central Street

Gentlemen,

I am sure counsel for Northwestern University would not want to mislead the Board regarding the facts, ans so I am writing to further advise you regarding the assertions contained in Mr. Brace's letter of June 21, 1976 to you.

On May 5, 1976, on behalf of certain intervening defendants in the law suit filed by Northwestern against the City of Evanston, I caused a Request For Production OF Documents to be served upon counsel for Northwestern. The request sought discovery of virtually the same documents for which the Zoning Board of Appeals had issued subpoenas on March 16, 1976. The Court Rules provide for productions of documents within 28 days of the request. Notwithstanding the fact, it was not until June 15, 1976 that I was advised that the documents were available for examination.

We were engaged in other business last week and could not immediately attend the Sidley & Austin offices to examine the documents. I however did advise counsel for Northwestern on June 21, 1976 that I would be coming in on June 23, 1976 to examine the documents. Incidentally, I was told that I could conduct the document discovery only during regular office hours, Monday through Friday. On June 23, 1976, six working days after being advised that documents could be viewed, I examined and copied over one-half of what was provided: the remaining documents will be examined and copied on June 25 1976.

While over 5,000 pages have been produced....

June 24, 1976

Zoning Amendment Committee

Zoning Board of Appeals

Re: ZAC 3:5-6-76 (Northwestern Petition); 4-76-V(R) 1501 Central Street

On behalf of Donald J. O’Meara, I am responding to Mr. Brace’s letter dated June 21, 1976. Northwestern University has within the last few days afforded us access to what appears to be about 6,000 pages of documents pursuant to a request for production served in the Circuit Court action Northwestern University v. City of Evanston, et al. Inspection of those documents commenced Tuesday, June 22. It took a few days to mobilize ourselves for the inspection of such a large number of documents. Inspection includes photographing and indexing of each document as well as the evaluation of those documents. So far, more than 1,000 documents have been photographed and the process will continue completion.

The examination process is necessarily time consuming, because it must be exhaustive. We certainly do not accuse Northwestern University of being dilatory in the production of those documents. However, it must be kept in mind that the subpoenas were originally served upon them in March of this year. Northwestern has had some three months to assemble the documents. Likewise, it will take more than two weeks to photograph, index, evaluate and present to this Board whatever will be helpful in its decision.

We also point out that the hearing In this matter was to be conducted subsequent to Northwestern’s complete production in the Circuit Court case. We are advised that Northwestern has refused to produce a number of documents, which it concludes are relevant, but upon which it claims a “privilege” of some sort. Mr. Lydon will ask the court to require Northwestern to describe the* documents not produced and to conduct an in camera inspection thereof to ascertain whether any privilege is properly invoked. This, likewise, will not be accomplished before July 1.

Altogether, in view of the magnitude of discovery and more importantly the magnitude of Northwestern' s zoning change request, we believe that the continuance is proper and necessary. Thank you for your attention to this matter.

Very truly yours,