Boeger Place Lawsuit Dismissed

The case brought by supporters of the Boeger Place development, living units for people with mental illness, ended today, as U.S. District Court Judge Milton Shadur dismissed the federal lawsuit against the village of Arlington Heights.

 The plantiffs aruged that Arlington Heights violated the Fair Housing, Americans with Disabilities and Rehibiliation Acts respectively. The village voted 4-3 in May 2010, denying the development of Boeger Place because too many variances needed to be granted for the 30-unit apartment complext to be built in Arlington Heights' north side.     

Shadur, siding with the village, said in his ruiling, "Arlington Heights cannot be said to have treated Boeger Place differently than any other project involving non-disabled residents because no one has ever been granted zoning variances of this scope." 

"Moreover, there are a number of supportive housing projects already serving mentally ill residents in Arlington Heights, and more are planned for the near future," the ruling said.  

, asking the village to drop the case, stop wasting taxpayers' money and allow the development of boeger place.  

The plantiffs can't amend their complaint and use the same set of facts, but can appeal today's ruiling.