Perry responded that by the time he was made aware of the proposed activity, it was too late to end the action. The [ZBA] Committee directed Perry to provide a written response to the City regarding this most recent activity. It was also the consensus of the Committee that it hoped that the new found cooperation between the City and Northwestern would not be a signal to Northwestern to violate or take advantage of certain aspects of the zoning ordinance. Perry assured the Committee that was not the case.
NU lawyer, Mr. Perry wrote to the Planning and Development Committee that, "At no time did the University knowingly or intentionally proceed with the event in disregard of the Zoning Ordinance". Perry attempted to absolve the Athletic Department by claiming that its representatives felt that it would not be in violation of the Zoning Ordinance. Perry conceded that" a reading of the Zoning Ordinance could give rise to some question whether the event was appropriate as a permitted use" and told the city he asked the Athletic Department to notify his office before staging an event in the future.
The city did not buy Perry's excuses and on January 15, 1985 responded to him that:
"The subject activity was clearly not "intramural; or "intercollegiate". The City finds no ambiguity in the zoning ordinance as alluded in your letter and wished to be on record that the subject activity was in violation of the ordinance and that it is expected that no further repetition of such a violation will take place."
There is no record of any fines having been levied against NU for this violation.
Below see the correspondence between Nu and the City.