Hoffman Estates loses appeal of case seeking donation of 20 acres from NIU Foundation

The Illinois Appellate Court Thursday upheld an earlier Cook County circuit court ruling dismissing a lawsuit in which the village of Hoffman Estates claimed a right to 20 acres owned by the Northern Illinois University Foundation.

That claim stemmed from a 1999 annexation agreement, though it was a 2005 amendment that complicated the matter.

The undeveloped land in question is northeast of the intersection of Beacon Pointe and Essex drives, just west of Beverly Road and south of Interstate 90.

When the village’s lawsuit was filed in 2021, Hoffman Estates Corporation Counsel Art Janura told the village board that the annexation agreements that created the University Place and Laufenberger subdivisions had originally donated land for the creation of a Northern Illinois University branch campus intended to benefit village residents.

The initial understanding was that if the campus was not built within 10 years, the land would go to the village.

Though a 2005 amendment swapped the originally donated land for other property within the annexation, it was the village’s position that a commitment to give it to the village never changed.

At the heart of the dispute, according to the appellate court’s ruling, was whether the 2005 amendment — which doesn’t explicitly make such a promise — was intended to supersede or carry on the commitments of the 1999 agreement.

The village argued one interpretation, and the NIU Foundation the other. When the circuit court dismissed Hoffman Estates’ lawsuit, the village’s appeal was based on an argument that language in the 2005 amendment had been misinterpreted and that both documents were meant to be read together.

But the appellate court ultimately sided with the circuit court’s ruling after a long deliberation.

“Obviously I’m disappointed in their decisions, but we have options to consider,” Hoffman Estates Mayor Bill McLeod said. “We’ll have to decide what we’re going to do.”

Village staff said a more thorough review of the new ruling was required before they could respond.

The village began its legal pursuit of the property prior to any discussion of how it might be used.