In a move that continues the ongoing legal battle between Northwestern and Evanston, the city has filed a brief in federal court that says city officials did not act “vindictively” against the university when establishing the Northeast Evanston Historic District.
This week’s motion by the city’s defense attorneys was made in response to the university’s December brief asking U.S. District Court Judge Marvin Aspen to disregard the city’s October motion for summary judgment.
Evanston filed a motion to be granted summary judgement – a move that asks a judge to decide on the case without a formal trial when there is no factual dispute between parties. A judge could grant a summary judgment if he or she believes there is no need or basis for a trial because a jury could not reasonably rule in favor of the plaintiff.
In NU’s December response, the university said Evanston established the historic district as a way to coerce money from the school. NU cited disparaging comments about the university by aldermen as proof of discrimination.
But Evanston disagreed.
“There is no connection between the university’s unwillingness to make voluntary payments and the motivations of individual aldermen who voted for the local district,” read the motion, filed by city attorney Jack Siegel of Altheimer & Gray.
The recent court actions between NU and Evanston stem from the university’s November 2000 federal lawsuit against Evanston, which said Evanston violated NU’s 14th Amendment rights to equal protection and due process when it created the historic district.
In Evanston’s most recent motion, the city said NU chose to remain silent at council hearings and therefore Evanston did not violate NU’s rights. But the university, represented by Antonio DeBlasio and Howard P. Zweig of Gardner, Carton and Douglas, said the hearings were not meaningful.
The historic district guidelines, passed by City Council in May 2000, do not allow NU to expand west of Sheridan Road and make it harder for the university to renovate certain buildings.
Boundaries for the district, which includes 53 NU buildings, extend to Emerson Street to the south and Lincoln Street to the north. On the east side, the district is bordered by Sheridan Road and Sherman and Ridge avenues to the west.
This week, Evanston said NU cannot prove the city singled it out when it created the historic district. The motion says the city was “motivated by legitimate government objectives,” and “Northwestern has presented insufficient evidence that the historic district was motivated by a spiteful effort to get the university.”
Alan Cubbage, vice president for university relations, said he had not yet received Monday’s motion and was unable to comment.
Although the motion was filed Monday, it did not appear on court dockets until Thursday.
Ald. Arthur Newman (1st) said NU’s lawsuit is based on claims that cannot be proven. He said he is confident Evanston will win the case if it goes to trial.
