These consolidated actions allege, in pertinent part, that the Village of Addison's ("Village") proposed and initiated redevelopment or two areas in the Village violates the Fair Housing Act, 42 U.S.C. 3061, et seq., by discriminating on the basis of national original against Hispanic residents of those areas.
On October 6, 1994, Leopoldo Alcaraz, Debra J. Cagle, Marcella Carillo, Carl Conti, Maudie Conti, Rita Gonzalez, Oralia Herrera, Martin Hurtado, Camille Husby, Emilia Ibarra, Estela Ibarra, Slabador Ibarra, Reginaldo Ortega, David Sanchez, Jose Angel Rivera, Amparo Rojas, Jesus Rojo, San Juan Rojo, Guadalupe Solis, Maria Torres, Elisa Vargas, Marcelino Vargas, Jose Villanueva, Maria Villanueva, Hispanics United of DuPage County, Leadership Council For Metropolitan Open Communities, and the Hispanic Council (collectively the "private plaintiffs") filed their original complaint and, on December 23, 1994 filed an amended complaint. The private plaintiffs also allege violations of the Fourteenth Amendment to the United States Constitution as well as 42 U.S.C. 1981, 1982, and 1983. On April 20, 1995, the Court pursuant to Rule 23, Fed. R. Civ. P., certified a class defined as: "individuals who have owned or rented dwellings in the Village of Addison on or subsequent to January 1, 1994 and who have been, will be, and/or continue to be, adversely affected by the segregative and discriminatory actions, policies, and practices of the Defendants and their agents as alleged in the Plaintiffs' Amended Complaint."
On July 7, 1995 the United States of America filed its complaint alleging the the Village of Addison violated the Fair Housing Act. On the same day, the Court consolidated these actions.
The complaints allege that the Village planned and began the acquisition and demolition of dwellings in the two largest Hispanic communities in the Village by acquiring, demolishing, and planning to continue to demolish affordable housing and decent housing in those communities. The complaints further allege that, in 1994, the Village, pursuant to the State of Illinois Tax Increment Allocation Redevelopment Act, Section 65 ILCS/11-74.4-3, created two redevelopment districts, the Army Trail/Mill Road and Michael Lane Tax Increment Financing districts (the "TIF districts"), as the means to accomplish these ends. The complaints also allege that, through implementation of these TIF districts, the Village violated the Fair Housing Act by seeking to displace Hispanic families residing in these areas.
In its answer to the complaints, defendant Village of Addison, Illinois ("Village") denies the material allegations of the complaints. In particular, the Village denies that its actions constitute a violation of the Fair Housing Act, 42 U.S.C. 3601, et seq., or a violation of 42 U.S.C. 1981, 1982, and 1983. The Village contends that the areas within the tax increment financing districts were "blighted," as that word is used and defined in 65 ILCS 5/11-74.4-3, and the Village further contends that residential and commercial properties within the tax increment financing districts required and require redevelopment. The Village denies that any of its actions were undertaken with any discriminatory motive, intent, or result. The Village asserts that it has not engaged in discrimination against its residents.
Following extensive pre-trial discovery, the parties have agreed that, in order to avoid costly and protracted litigation, this controversy should be resolved voluntarily. Therefore, without a trial or adjudication on the merits, the parties consent to the entry of this Order.