Legal battle brewing between Roundhead's Pizza in Downers Grove and shopping center

DOWNERS GROVE – A plan to construct a new Walgreens by tearing down a building containing a popular, long-time Downers Grove restaurant has now evolved into a legal dispute, after the proposal prompted protests from thousands of online signers and dozens of speakers at a crowded government meeting last month.

Mitch Kahn, president of Frontline Real Estate Partners, presented a petition to the Downers Grove Plan Commission on February 27 to allow demolition of the building it owns at Woodward Avenue and 63rd Street and construct a new Walgreens with a drive-through in its place.

He told the commissioners he does not have a lease with Roundhead's Pizza Pub, which has occupied the building for 12 years according to a family member of the owner.

This week Roundhead's General Manager Samantha Gill told Suburban Life in a text: "We believe we have a lease, and we hired a lawyer to assert our rights under the lease. Our lawyer advised us not to discuss any other details."

At the commission meeting, Kahn said Roundhead's never had a lease since his company owned the shopping center. Frontline Real Estate Partners said on its website it acquired Meadowbrook Shopping Center in March 2013.

"Since acquiring the property, the company has commenced its value-add business plan including ... stabilizing the rent roll through lease extensions, and instituting a capital improvement plan for the property," the website said.

Kahn told commissioners if Walgreens did not move into the center, $2 million worth of upgrades would not occur. He said other businesses in the center supported the improvements to the facade, signs, lighting, posts, drainage and parking lot.

The project would ultimately benefit the community and the 35 retailers that were looking forward to attracting more traffic and tenants, he said.

During the meeting, Gill suggested that Walgreens construct a new store 200 feet west of the proposed location, so Roundhead's could stay in its existing building and remain part of the community.

Kahn told the plan commission that Walgreens was only interested in moving to the shopping center if it could occupy the southwest corner of Woodward and 63rd and his proposal would be a way to keep Walgreens in this section of Downers Grove. He said the current Walgreens at 63rd Street and Belmont Road did not have a drive-through, and Walgreens is actively looking to move such stores to sites that can accommodate the feature.

Dave Abel, a relative of a Roundhead's owner, distributed a petition that he said received 2,228 online signatures and 772 online comments supporting Roundhead's objection to the shopping center's proposal.

In addition, more than 30 people spoke in favor of Roundhead's remaining in its current location, according to meeting minutes. Several concerns were mentioned, including numerous drug stores in the area, no voice from the business at the meeting and missing the shop and its support for local organizations.

A few people spoke in favor of the proposal, saying it met the requirements of the village and that the business could move elsewhere in the shopping center.

The plan commission voted 4-3 to recommend approval of the new store, and the matter was scheduled for a village council meeting. Doug Kozlowski, communications director for the village, said Frontline Real Estate Partners later requested the village remove the item from the March 7 agenda because they wanted “additional time.”

He said the shopping center owner has the right to put the matter on a future agenda or to revise the proposal and resubmit it.

Multiple calls to Frontline Real Estate Partners and Kahn were not returned.