After a county judge dismissed three counts in the Most Livable City Association’s lawsuit against Evanston and Northwestern in April, the neighbors of Ryan Field have been fighting back in an attempt to prevent the city from allowing concerts at the renovated facility.
Most Livable City and 12 Evanston and Wilmette residents filed a motion Tuesday to quash allegedly “burdensome” subpoenas issued by NU on Aug. 1 against association members.
The University subpoenaed communications between Association members and residents regarding the impact of the commercialization of Ryan Field.
The motion claims that the University’s subpoenas against individual residents are overly “disproportionate to any potential relevance of the material requested.” Most Livable City cited the disparity in resources between it, the city and the University.
“These subpoenas to MLCA’s officers and other private citizens were not only improper but also duplicative and wholly unnecessary,” attorney John Shapiro wrote in the motion.
Most Livable City declined The Daily’s request for comment on its allegations against the University.
In the motion, Most Livable City said it has provided all requested personal documents in the discovery process and argued the subpoenas aimed to intimidate individual residents who spoke out against the zoning changes at public meetings.
The Association also claimed NU’s subpoenas for personal communications between association members and other residents would “chill” their First Amendment right to free speech.
“The University disagrees with the plaintiffs’ motion and will file a response in due course,” University spokesperson Eliza Larson told The Daily in an email.
In April, Cook County Circuit Court Judge Pamela McLean Meyerson dismissed three counts against the city and NU which alleged that the Nov. 20, 2023, City Council vote to approve the zoning changes was invalid.
The remaining count alleges the city violated residents’ 14th Amendment due process rights by engaging in “secret negotiations” with the University before approving the zoning changes.
In May, Most Livable City requested to file an amended lawsuit reintroducing the three dismissed counts and introducing two new counts claiming that public concerts will create a public nuisance.
The Association also moved to delay further discovery until the court decides whether it will permit the filing of the amended complaint.
Meyerson has not scheduled a hearing on the motion to amend the complaint, Most Livable City President David DeCarlo wrote in an email. The next case status hearing will take place Jan. 14.
If the remaining due process count goes to trial, it could serve as concerned residents’ last outlet to challenge the University’s plans to host concerts at Ryan Field.
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