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Districts tell board TIF 2 may not meet statutory tests; appellate arguments ongoing
Summary
Board received an update on legal challenges to the Village of Winfield's TIF 2, with districts alleging failure to demonstrate blight, improper parcel grouping, and weakness of the 'but-for' justification given recent private investment of about $65—$70 million by Central DuPage Hospital; appellate oral arguments have been held and further documentation has been requested by attorneys.
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District representatives updated the board on litigation concerning the Village of Winfield's Tax Increment Financing (TIF) District 2. The districts assert the TIF does not meet statutory requirements, citing four core issues: failure to demonstrate blight, combining non-contiguous parcels into a single TIF area, inclusion of a parking garage that would remain on the tax rolls for only 20 years, and failure of the 'but-for' test because significant private investment appears to be driving development without TIF funds (district representatives noted an estimated $65—$70 million investment by Central DuPage Hospital).
Board members were told attorneys attended appellate oral arguments that are available online and have requested expenditure documentation from the village; the districts continue to monitor the case and indicated additional factual proceedings or a trial may be required to resolve disputed property-value and use questions.
