County fights to keep auto scrap yard

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MORRISON – Despite a recent court ruling to shut its gates for good, the auto salvage yard near Lyndon may be scrapping as long as its owners like.

The Whiteside County Board has filed a motion to appeal a February ruling by Rock Island Judge Richard Zimmer, who stated that the board overstepped its authority when rezoning the yard’s 8 acres from agricultural to industrial 3 years ago.

Attorneys for the board have yet to formally make their case. The next move will be for the board’s attorneys to transfer court records from the Whiteside and Rock Island county courts, where the initial hearings took place, to the Third District Appellate Court in Ottawa.

The records must be in Ottawa by May 27. After that, attorneys have until July 1 to file a written brief of their argument, according to the Appellate Clerk’s Office.

If the Appellate Court rules on the lawsuit, it would be the fourth time the courts have evaluated the dispute, which centers on whether the board had the authority to overrule a recommendation from the Zoning Board of Appeals that the site in Lyndon remain farmland.

Assistant States’ Attorney Jim Heuerman has represented the county through the 3-year lawsuit, but court records show that Rock Island attorney Donovan Robertson will represent the board in the appeal.

County Administrator Joel Horn said the board has yet to pay Robertson and did not know what the special counsel will cost.

State’s Attorney Gary Spencer did not return a phone call seeking comment. He did respond to a written request for an estimate, which he sent through the mail Friday, Horn said.

Robertson, with Coyle, Gilman, Stengel, Bailey and Robertson, could not be reached for comment.

A dozen nearby landowners sued the board, also naming Chairman Tony Arduini in a lawsuit seeking to overturn the re-zone one month after the board authorized the change.

As part of the suit, the landowners sought an injunction to stop the auto yard owners during their relocation from Rock Falls to Lyndon at the northwest corner of the Illinois Route 78 and Interstate 88 interchange.

Former Whiteside County Judge Tim Slavin dismissed the neighbors’ lawsuit. When nearby residents persisted, the case went to Rock Island County to eliminate possible conflicts of interest because of local judges.