A homeowner's association is embroiled in a legal battle over the construction of a gymnasium that they claim violates long-standing restrictive covenants. The Castlewood Terrace Homeowner’s Association filed an appeal on August 16, 2024, in the Appellate Court of Illinois against the Public Building Commission for the City of Chicago.
The roots of this dispute trace back to 1963 when the Castlewood Terrace Homeowner’s Association initially filed a complaint against the City of Chicago, arguing that constructing an elementary school on condemned lots within their subdivision violated existing restrictive covenants. The trial court ruled in favor of the city, stating that the school's erection and operation did not breach any restrictions. Fast forward to September 26, 2018, when the Chicago Board of Education requested that the Public Building Commission construct a gymnasium annex for this school. On March 11, 2019, and subsequently on October 21, 2019, the Association filed and amended its complaint against this new construction project, citing violations of those same restrictive covenants.
The trial court dismissed this amended complaint with prejudice based on res judicata grounds—meaning it deemed that this issue had already been judged and could not be pursued further. The Association contended that res judicata should not apply to their case as they believed there were distinct differences between their current claims and those from decades ago. They argued that while the original ruling allowed for a school, it did not explicitly permit additional structures like a gymnasium.
The plaintiffs sought declaratory judgment affirming that these covenants are still enforceable and that any new construction must adhere to them. Specifically, they highlighted a setback provision prohibiting buildings within 25 feet of Castlewood Terrace. However, during oral arguments held on September 10, 2021, and subsequent rulings on November 23, 2021, and March 4-29, 2022, Judge Pamela M. Myerson upheld the dismissal. She found no substantial difference between past and present complaints regarding covenant violations by public institutions supported by public funds.
The plaintiffs also attempted to introduce a zoning ordinance violation into their argument but were denied leave to amend their complaint post-dismissal. The appellate court affirmed these decisions on all counts.
Representing Castlewood Terrace Homeowner’s Association were attorneys Christopher Bargione, Adrian Vuckovich, and Kathryne Hayes from Collins Bargione & Vuckovich in Chicago. Defending the Public Building Commission were Nicole Castillo and Richard F. Friedman from Neal & Leroy LLC.