Township Accuses Bolingbrook Of 'Animus Against Homeless Population': Village Responds

BOLINGBROOK, IL — The Village of Bolingbrook is "disappointed" that DuPage Township has filed a lawsuit against the Village over its denial of Township food pantry plans, the Village said in a statement to Patch.

The Township said that after a two-year battle over the plans, it is taking things to the court. The Township filed the lawsuit on May 23 in the Circuit Court of Will County, and is being represented by Ancel Glink, PC.

The lawsuit comes after multiple denials of the project, most recently in February. The Bolingbrook Village Board denied a motion for the application of a special use permit for a planned development with variances and concept plan for the DuPage Township resource center and food pantry at its Feb. 25 meeting.

"The Village is committed to ensuring that all zoning and land use decisions are made in accordance with established ordinances, community standards, and the best interests of Bolingbrook residents," the Village said. "The Village of Bolingbrook undertook an extensive and thorough review of this matter, allowing for numerous delays requested by the Applicant, DuPage Township, to accommodate their submissions."

The lawsuit states that the project includes an 11,000-square-foot mixed-use facility which will house a 1,900-square-foot food pantry, a 6,000-square-foot warehouse to store donated food items, and a 3,000-square-foot resource center which will have offices, meeting spaces and two stacked laundry units and two showers.

According to the complaint filed in court, the Village directed the Township to apply for a different special use known as a planned development, which requires additional standards for approval. The township filed a complete application in February 2023, and a June 2023 hearing was continued to August 2023, so the Village could review a traffic study and request more information.

"Even though the Village has approved other recent commercial developments in the Village with significant traffic impacts, the Village only required a traffic study for the Township’s proposed food pantry and resource center serving homeless populations and other Township residents," the complaint states.

The matter was again continued to an October 2023 hearing to review the Township's new submittals, and at the October hearing, the Village staff did not recommend approval citing a lack of details and public safety concerns about the shower and laundry services, according to the complaint. In January 2024, the Village Board remanded the application back to the plan commission for review.

In December 2024, the Township resubmitted all its application materials and requested the matter go forward at a January 2025 plan commission meeting, where the plans were again not recommended for approval.

"Village staff did not recommend approval of the Township’s application, improperly applying stricter parking requirements than the Zoning Code requires and requiring intersection improvements that are not specifically and uniquely attributable to the Township’s project," according to the complaint.

Now, the Township is seeking judicial review of the Village's decision, also stating that the Village's denial of the application for zoning relief violates the Illinois Bill of Rights for the Homeless Act.

"The Village’s animus against the homeless population is evident based on the disparate process and unequal treatment of the Township’s application for Zoning Relief as compared to other providers of shower and laundry services," the complaint states.

The Village said it recognizes the importance of providing essential services to residents in need, including food assistance and social support programs, but the proposed development raised several concerns.

"These included issues related to traffic impact, public safety, and compliance with zoning requirements. The Village’s Plan Commission and Board of Trustees carefully considered these factors before reaching their decision," the Village said.

Court records show that the lawsuit is scheduled for case management with a Sept. 10 court date.

The Village said it is disappointed the Township has chosen to pursue litigation, "forcing the expenditure of taxpayer resources to defend a decision that was made in good faith and in accordance with the law."

"The Village of Bolingbrook remains open to working collaboratively with DuPage Township to explore alternative solutions that address the Township’s goals while ensuring compliance with zoning regulations and maintaining the quality of life for all residents," the Village said.