A Kane County judge has dismissed Kaneland School District 302’s attempt to stop the 760-acre Crown development TIF in Sugar Grove.

After a short hearing before Judge Kevin Busch Nov. 19, the judge ruled in favor of the developer, whose attorneys, Rick Williams and Patrick Griffin, argued that the district could not object now when it did not vote no at the Joint Review Board last year.

A Joint Review Board is made up of taxing bodies that would be affected by a tax increment finance district, known as a TIF, a development tool when private investment is deemed too expensive.

Last year, the Joint Review Board voted 3-3, and six voted present, regarding the TIF, records show – and Kaneland 302’s representative was one of those who voted present.

“This court finds that the school district had an obligation to vote no if it wanted to preserve its right to complain later,” Busch said.

“The argument that voting present somehow was no opinion – clearly, the present vote is akin to the school district saying, ‘We have no objection. We’re just going to sit back and watch and take no action. We’re just here, watching,’” Busch said. “The motion to dismiss is granted, with prejudice.”

“With prejudice” is a legal term which does not allow for a party to revisit a complaint, but the issue can be raised in an appeal.

Crown’s project, called The Grove, is near the intersection of Interstate 88 and Illinois Route 47 and is a mixed housing and commercial development.

The school district sued the village in June, asserting that the project does not meet the statutory requirements of a TIF.

In court papers, the school district claimed that the development area is neither blighted by flooding, nor is it contiguous, as both are required to meet the legal standards to create the TIF.

Flooding was part of the basis for SB Friedman Development Advisors to affirm the legally required conclusion that the acreage is blighted due to runoff, which contributes to downstream flooding in the Blackberry Creek Watershed.