Judge Tosses Lawsuit Challenging Old Town High-Rise

A legal challenge to a controversial Old Town apartment tower project just hit a wall in Cook County court.

A judge on Thursday dismissed a lawsuit aimed at blocking Fern Hill’s planned 36-story, 349-unit apartment tower at 1600 North LaSalle Drive, handing the developer an early win in a closely watched neighborhood fight. Crain’s reported that the complaint, filed by a nearby condo association, sought to invalidate the project’s rezoning and halt its progress.

Cook County Circuit Court Associate Judge Myron Mackoff sided with the city and developer, ruling that the plaintiffs failed to meet a key procedural requirement under Illinois law. Anyone seeking to overturn a zoning ordinance must notify all property owners within 250 feet of the site — a step the condo board did not take, according to the outlet.

The plaintiffs’ attorney argued the case should instead fall under a separate judicial review statute, but the court wasn’t convinced. Mackoff also rejected the group’s core argument that the development would harm property values, signaling skepticism that such concerns rise to the level of a protected constitutional right.

Opponents, including residents of a 42-story building next door, have argued the project is out of scale for the neighborhood and would further crowd an already dense stretch of Old Town. According to the publication, city attorneys countered that the area is already defined by high-rises — including the plaintiffs’ own building — and that the project would deliver needed housing in a supply-constrained market.

The ruling also dismissed claims that the rezoning violated due process, with the city pointing to years of community meetings and public hearings tied to the proposal. The development ultimately won City Council approval last year after being scaled back significantly, shrinking by more than 150 units and roughly 100 feet in height.

The decision doesn’t fully end the fight. The condo association has the option to amend its complaint, and a status hearing is set for May 18.— Eric Weilbacher