1977 NU Pro-Tennis Resolution

In July, 1977, a sign advertising the World Team Tennis match, Soviets vs Indiana Loves soon to take place at McGaw Hall on July 27, was affixed on the cyclone fence, at the SE corner of Noyes St. and Sheridan Rd. NU had not notified the City about the game at all. Mr Nehring took the picture of the sign on July 14 and on the same date the City Property Standards Inspector sent NU an official letter warning that the game would be in violation of the zoning code. A few days later a City Interdepartmental Memorandum was issued about the matter

Below is the PDF transcription of the two communications re. tennis match

CITY OF EVANSTON

July 14, 1977

Mr. Ernest E. Juillerat

Re: 1501 Central Street - McGaw Hall

Dear Mr. Juillerat:

This notice is sent to officially notify you that if you proceed with your scheduled tennis match with the Soviet team,, that it will constitute the use of the property for a commercial purpose, in violation of Section VII.B.2.a. (100-0-71) of the Zoning Ordinance, prohibiting such use in this U-2 University Zoning District.

If you fail to resolve this matter by the time of this scheduled match, we will have no alternative but to issue a court citation.

Sincerely yours,

Arthur A. Carr

CITY OF EVANSTON

INTERDEPARTMENTAL MEMORANDUM

July 18, 1977

TO: William Dettmer, Director of Inspections and Permits

FOR: Ed Martin, City manager

FROM: Michael Garland, Assistant Director of Inspections and Permits

SUBJECT: McGaw Hall --Soviet Tennis match

This is to inform you that, as per Jack Siegel's request, a letter has been sent to Northwestern University informing them that the proposed match will constitute a violation of the Zoning Ordinance. Also at Jack Siegel's instruction, if the match is held, a court citation will be issued.

If you require any further information, please let me know.

Michael P. Garland

Below is the Pdf and transcription of the July 27, 1977 - Corporate Counsel Jack Siegel's letter to the City manager, regarding the decision of Judge Curry.

July 27, 1977

Mr. Edward A. Martin, City Manager

Dear Mr. Martin:

As you knew, on Tuesday, July 26, 1977 the Honorable Richard Curry, Judge of the Circuit Court of Cook County, denied my motion for a Preliminary Injunction in the case of the City of Evanston vs. Northwestern University. We had sought a preliminary injunction to prevent the playing of a professional tennis match at McGaw Hall on July 27, 1977 in violation of our zoning ordinance. Judge Curry was quite clear in denying my motion. The sole basis for his ruling was that the 1971 application for variation had never been disposed of by the City Council. That application sought the right to use McCaw Hall for professional tennis.

Judge Curry further held that there was no merger of this application in the variation request denied by the City Council in November of 1976 because the later variation sought much broader relief. The Court specifically made clear, however, that he was limiting his ruling solely to my motion for a preliminary injunction and solely on the basis that he outlined. He specifically stated that he was not passing on the constitutionality of the ordinance, and he was not to be construed as permitting the use of Dyche Stadium or McGaw Hall for professional athletics or commercial purposes other than the single tennis match which was the subject matter of my motion.

He further set this matter for a status call on September 30, 1977 to ascertain the position of the parties at that time. I very much regret the decision of the Court; however, I am gratified that he carefully limited the scope of his order. This is particularly gratifying in light of the major effort made by Northwestern University in introducing four days of expert testimony in an effort to get a ruling on the constitutionality of the ordinance.

Under all the circumstances, I do not believe that the Court's most recent ruling is in any way a major setback in our efforts to prevent professional sports at McGaw Hall and Dyche Stadium. I would however, suggest that the City Council take immediate action -- hopefully, next Monday day night to formally deny the request for variation filed in 1971 to permit the playing of professional tennis at McGaw Hall. I would suggest that the Planning and Development make a recommendation for the denial of this request, and that the City Council formally deny the variation request at the City Council meeting on Monday.

This would eliminate the basis for the Court's conclusion on my notice for a preliminary injunction, and would clarify any ambiguities as to the City's position with respect to professional tennis, as well as all other professional sports.

Very truly yours,

Jack M. Siegel

Corporation Counsel

How did Siegel turn an unfavorable ruling into positive action?

Siegel noticed two points in the Circuit Court ruling

1. that it was limited in scope: Judge Curry did not pass judgement on the constitutionality of the ordinance

2. that the motion of the City for a preliminary injunction to prevent the Soviet tennis match, was denied only on the basis that the 1971 application for variation had never been disposed of by the City Council.

Siegel solved the problem by advising the Council to take immediate action and formally deny the request for variation filed in 1971 to permit the playing of professional tennis at McGaw Hall.

Various steps were undertaken that led to the Council's official denial of the tennis variation.

The denial by the Council was already taken on August 22, 1977.

(Because a report of findings of fact was requested, it was the September 19, 1976 Council( see further down our page) that finalized the matter about the tennis issue. The ZBA opinion was reversed and Council stated that there would be detrimental effects on the neighborhood caused by a pro tennis tournament.)

Below are the relevant documents in a PDF followed by its transcription of relevant passages.

August 1, 1977 Planning and Development Committee minutes

Docket 120-7D-71 (ZBA 1501 Central): Mr. Young passed out copies of the 1971 Zoning Board of Appeals case on this natter, and reported that Jack M. Siegel, Corporation Counsel, had not been successful in his attempt to have Judge Curry, of the Circuit Court of Cook County, grant a preliminary injunction to stop professional tennis matches at McGaw Hall, solely because the 1971 variation had not been disposed of by the City Council, Judge Curry held that there was no merger of this application for a variation with the comprehensive variation request denied by the City in November of 1976. After discussion, a motion was passed to recommend that the City Council not concur with the Zoning Board of Appeals recommendation, but deny the application by Northwestern University for » variation from the use regulations of the zoning ordinance to permit professional tennis matches at 1501 Central, subject to several conditions. In accordance with Committee rule II.C, Chairperson Hoover asked Mr. Young to invite representatives of the applicant to discuss this matter with the Committee next Monday.

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Then, written by hand: August 1, 1977 Council minutes re ZBA 13-71

The description of the docket is followed by the printed added comment:

Alderman Hoover reported that the Committee intends to recommend denial of the application fora variation and a conference will be arranged with the appellant and the Committee prior to the Committee's formal recommendation.

August 8, 1977

To: Members of the Planning and Development Committee, Evanston City Council

From: James H. Perry, Attorney, Northwestern University

I am here this evening because you have invited me to discuss your action, taken last week, reversing the recommendation of the Zoning Board of Appeals that our 1971 variation request be granted. I am pleased that the Council has finally decided to act upon this matter.

However, I am sorry that the Council has decided to act only after a five-day trial in the Circuit Court of Cook County on a lawsuit initiated by the City. Because of the suit, there was doubt up to the very last minute whether the University-sponsored tennis match could be held; this had an obvious, adverse effect on ticket sales. Because of the lawsuit, the University lost more than $10,000 on the match.

The Council could have acted on the 1971 variation application at any time within the last six years, but it did not. We scheduled the match in part on reliance on public statements by the City Manager and the Corporation Counsel that the pendency of the 1971 application stayed enforcement of the Ordinance by the City. Judge Curry evidently agreed, but victory in the suit hardly compensates us for the financial loss.'

It is apparent from the minutes of the Planning and Development Committee's August 1, 1977 meeting that your vote to reverse the ZBA was based solely on your reaction to Judge Curry's decision, and reflected your intention simply to "merge" the 1971 application with the University's 1975 application for comprehensive relief from the Ordinance. The Committee's recommendation evidently was not based on the merits of the 1971 application and the findings and recommendations of the ZBA.

Since the 1971 application has been pending for more than six years, it is the duty of the Council to approve or deny the recommendation of the Zoning Board of Appeals on its merits and not on any other basis. The University's position on the use of its facilities has not changed.

In addition to the litigation pending before Judge Curry, there is an appeal from a decision of Judge Arthur L. Dunne pending before the Appellate Court of Illinois. It is our position that Section VII B.2.a of the Zoning Ordinance is unconstitutional both on its face and as applied by officials of the City. The Council denied our request last year to amend the ordinance (which request sets forth our position), but that does not foreclose the Council from acting on its own to enact a constitutional ordinance.

We believe that the City should either accept our position and propose a constitutional ordinance or submit an offer of compromise of the present litigation. Either of these actions could form the basis for subsequent discussions between the City and the University.

Cc: Edward A. Martin

8/22/1977 p.2 Planning and Development Committee minutes

Docket 130-7D-71 (Z.B.A., 1501 Central): The committee noted receipt of a memorandum from James M. Perry, attorney for Northwestern. After discussing this matter with him, the committee decided to make no change in their earlier motion to not concur in the Zoning Board of Appeals recommendation, but instead recommend denial of the requested variation to allow tennis matches to be conducted.at McGaw Hall. Alderman Hoover said that he had voted to recommend denial of the variation because the applicant had not demonstrated that they met the required standards for variation.

After further discussion, a motion was passed to recommend that the mayor appoint an ad hoc committee of the council to meet with representatives of Northwestern University to negotiate on various matters of mutual concern, including zoning.

Handwritten: 8/22/1977 – Council meeting

Alderman Lange moved Council approval to reverse the recommendation of the Zoning Board of Appeals and deny the appeal for a variation. In accordance with the policy established by the Planning and Development committee, the appellant was invited to make a statement to the Committee prior to Council action. Seconded by Alderman Wyandt. Discussion. Alderman Nelson on the status of relations between the City and the University. Motion carried. No Nays.

Alderman Lange reported that the Committee had unanimously voted to ask the Mayor to establish a committee of aldermen and representatives from Northwestern University to deal with mutual problems.

Handwritten: 8/25/1977 – Council meeting

Alderman Lange reported that the required findings of the City Council on Docket 120-7D-71 denying the appeal of Northwestern University for a variation to permit professional tennis matches to be played on the property at 1501 Central Street will be distributed to the members of the City Council prior to the next Council meeting.

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August 29 Planning and Development Committee minutes

Docket 120-7D-7I (Z.B.A., 1501 Central): Chairperson Lange noted receipt of a note from Mr. Young suggesting that the Committee prepare findings of fact to support the Council’s action in denying this variation, and receipt of copies of the findings of fact which supported the denial in 1976 of the comprehensive variations requested by Northwestern to allow professional athletic events at Dyche Stadium and McGaw Hall. After discussion, the Committee asked Chairperson Lange and Mr. Young to prepare proposed findings for discussion on September 19, 1977, and asked Chairperson Lange to so inform the Council.

Cc: Edward A. Martin, City Manager

City of Evanston

Interdepartmental Memorandum

September 16, 1977

TO: Mayor Lytle and City Council

From: Maxine Lange, Planning and Development Committee

John I, Young, Planning and Development Committee Secretary

Subject: Docket 120-7D-71 (Z.B.A., 1501 Central - tennis), proposal findings of fact.

The Planning and Development Committee asked Acting Chairperson Lange and me to prepare suggested findings of fact and reflect the reasons the Committee recommended denial of the variation. Northwestern University applied for a variation from the use regulation and allow professional tennis matches to be conducted on the subject property.

The attached report is submitted for your consideration.

Planning and Development Committee minutes – September 19,1977

Docket 120-7D-71 (Z.B.A., 1501 Central - professional tennis): The Committee reviewed draft findings of fact and decision of the City Council proposed by Alderperson Lange and Mr. Young, transmitted under a memorandum dated September 16, 1977. Alderperson Allen said the proposed findings of fact accurately reflected his reasons for recommending denial of the variation, and the other members of the Committee concurred. After discussion, a motion was passed to recommend that the City Council concur with the recommendation that they adopt the proposed report.

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Hand-written: ZBA 13-71 Council meeting Sept. 19, 1977

Alderman Wyandt moved Council approval of the Committee's report of findings of fact on Docket 120-7D-71 (Zoning Board of Appeals, 1501 Central Street, use of subject property for professional tennis matches). Seconded by Alderman Heaston. Motion carried. No nays.

Below: September 26, 1977 letter from the City Appeals officer David Rasmussen to NU's lawyer James Perry.

It includes the September 19 Council decision that lists the reasons for its denial of NU's 1971 tennis proposal.

Some of those reasons:

We find that the proposed variations would not be in harmony with the general purpose and intent of the Ordinance and:

(1) Would alter the essential character of the locality by increasing the Intensity of the use so as to detract from the essential character of the surrounding residential neighborhood. 

(2)    Would be injurious to and depreciate the value of other property and Improvements in the neighborhood in which it is located due to increased traffic congestion, pedestrian traffic, noise, and litter, all of which would be an unavoidable consequence of the proposed intensification of use of the property.

(3)    Would have no adverse effect upon the supply of light and air to adjacent properties, but would increase the danger of fire and the public safety by making it more difficult for emergency  vehicles to carry out their functions over congested residential streets

September 26, 1977: McGaw Hall's construction date was corrected in the City's records.

NU's response to the correction - October 27, 1977