Judge says local committee in Evanston has ‘crystal clear’ right to discuss Northwestern football stadium plan

A judge Tuesday rejected a request by the city of Evanston to prevent a local committee from discussing Northwestern University’s proposed construction of a new football stadium.

U.S. District Judge Nancy Maldonado denied a motion to change a 19-year-old court order to restrict discussion of the project. She said the language in the order was “crystal clear.”

The issue arose as Northwestern has become embroiled in a hazing scandal alleging abuses in its football and other athletic programs. Opponents have called for the school to postpone its plans for the new stadium while it addresses the controversy.

City Corporation Counsel Nicholas Cummings had asked the court to remove the stadium’s parking lot from consideration by a committee that debates disputes over the school’s land use.

The committee was created in 2004 by a consent decree after Northwestern sued the city to invalidate its historic district, which covers a number of campus properties. The settlement of the suit created the committee, but gave it no authority to take action.

The new Ryan Field proposal will be discussed repeatedly and decided by the city’s Land Use Commission and the City Council, which Northwestern officials said would provide ample opportunities for public input.

No changes have been proposed for the parking lot, but the committee has used its jurisdiction over the lot as a basis for raising residents’ objections about noise and traffic from concerts proposed for the new stadium.

Northwestern lawyers said the committee was not the proper forum for the debate. Cummings said he asked the court to clarify the issue because the committee and school could not agree.

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The intent of the decree had been to resolve disputes about the historic district, not the parking lot, Cummings and Northwestern attorney Priya Harjani agreed.

But the court order clearly gives the committee jurisdiction over land zoned T1, which includes the lot, committee member and attorney Dave Schoenfeld countered. Committee members from Evanston, including Ald. Clare Kelly, had expressed shock that the city would file the request against their wishes, and the judge granted them authority to intervene in the case.

The committee includes three Evanston residents and two representatives from Northwestern, who did not attend the most recent meeting.

If the parties brought evidence of the original intent of the order, Maldonado said she would entertain it, but Cummings said he didn’t think the city was interested in doing so. The judge recommended “collaboration and communication.”

The proposed stadium would hold 35,000 fans, smaller than its current capacity, but would be updated to include premium boxes and design features meant to limit light and noise pollution. City staff members are reviewing Northwestern’s traffic and noise studies for an Aug. 23 hearing before the Land Use Commission.

Residents have objected primarily to the university’s proposal that the new stadium would host up to 10 annual concerts in addition to football games, noting it is a commercial enterprise run by a nonprofit institution that doesn’t pay property taxes. Some have called for a community benefits agreement or payment in lieu of taxes to compensate the city.

The city also announced Tuesday that Cummings, who helped create the city’s groundbreaking reparations program, will resign his position effective Aug. 11 to become general counsel for the Chicago Park District.