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The Supreme Court Case That Put Bellwood On The Map

During aBlackHistory Montheventin Bellwoodlast week, BellwoodMayor Andre Harveyreflected on the village’s past.

“Bellwood used to be one of the mostracistcommunities in the western suburbs,” Harvey said. “In1969, when my parents moved here, you could not walk past 25th Avenue. If you went past 25th, you might as well have had your running shoes on, because they would chase you back to this side of town.”

petitioners falsely lead them to believe that no suitable homes within the desired price range are available elsewhere in the general area. Although the complaints are more conclusory and abbreviated than good pleading would suggest, construed favorably to Bellwood, they allege that this conduct is affecting the village’s racial composition, replacing what is presently an integrated neighborhood with a segregated one.”

TheVillage Free Press is published digitally and in print by JohnWilk Communications LLC.The print edition is distributed across ProvisoTownship at no charge each week.

© 2024 JohnWilk Communication LLC

Harvey moved to the village a year after the passage of the Fair Housing Act of 1968, legislation designed to expand on the Civil Rights Act of 1964 by prohibiting discrimination “concerning the sale, rental, and financing of housing based on race, religion, national origin, sex, (and as amended) handicap and family status,” according toasummary of the law by the U.S. Department of Housing and Urban Development (HUD).

Johnson signed the law on April 11, 1968, a week after Martin Luther King’s assasination in Memphis. But just because laws are passed doesn’t mean they’ll be followed and that’s where Bellwood’s historical significance comes into play.

In addition, the“adverse consequences attendant upon a ‘changing’ neighborhood can be profound. If petitioners’ steering practices significantly reduce the total number of buyers in the Bellwood housing market, prices may be deflected downward. This phenomenon would be exacerbated if perceptible increases in the minority population directly attributable to racial steering precipitate an exodus of white residents

The village made national news in 1979, when the Supreme Court of the United States ruled 7-2 in favor of five Bellwood residents (one Black and four white) and a Black resident of a neighboring town who claimed that two real estate agencies “were violating the Fair Housing Act by ‘steering’ black home buyers to an integrated neighborhood and steering whites away from that neighborhood,” according to a 1979 report on the court case in the New York Times.

According to the language in the case, Gladstone Realtors v. Village of Bellwood, “the gist of Bellwood’s complaint is that petitioner’s racial steering effectively manipulates the housing market in the described area of the village: Some whites who otherwise would purchase homes there do not do so simply because petitioners refrain from showing them what is available; conversely, some Negroes purchase homes in the affected area solely because

“A significant reduction in property values directly injures a municipality by diminishing its tax base, thus threatening its ability to bear the costs of local government and to provide services. Other harms flowing from the realities of a racially segregated community are not unlikely [...] If, as alleged, petitioners’ sales practices actually have begun to rob Bellwood of its racial balance and stability, the village has standing to challenge the legality of that conduct.”

Gladstone Realtors v. Village of Bellwood was significant “not only for its interpretation of the 11-year-old fair housing law but also because it indicates that the Court may be willing to relax some of the barriers to access to the Federal Courts that it has erected in recent years,” the New York Times reported in 1979.

The Gladstone case shows that history is contingent on the actions of everyday people.

2 Village Free Press, March 6, 2024 vfpress.news
PUBLIC DOMAIN President Lyndon Johnson signing the Civil Rights Act of 1968.

MARIANO’S Changes ahead?

from page 1

terminals at the Westchester Mariano’s.

Marty McAlpin, the state and local government affairsmanager with Prairie State Gaming, said another factor affecting Kroger’s decision to focus on video gaming is Gov.J.B.Pritzker’sannouncementin his recentbudget addressthat hesupports eliminating the 1% state grocery tax.

McAlpinsaid inlightof thegovernor’s plans,“it’s important to look at alternative forms of revenue.”

Ina letter to Westchester Village President GregHribal and the trustee board, McAlpin and Cummins said thevideo gamingliquor license enhancement“within Kroger stores is being undertaken under all current brands inIllinoisandis doneinalignment withtheir long-term vision for delivering a unique, safe

and discreet experience while shopping.

“Kroger believesthatby attractingmore patrons into the establishment, success will deliver dividends for the generation of retail sales and other economic activityin the town of Westchester and the State of Illinois.”

They saidtheir proposal also includes plans to “enhance our ‘beer of the month’ offerings for this purpose.”

“What thisis reallyall about isproviding the best customer experiencein Kroger and incorporating videogaming with100% complianceandbestpracticesinIllinois,” said McAlpin.

If the village approves Kroger’s request, the company will construct a private gaming room area within Mariano’s that would be restricted to people under21. The room will includea fullcameraandalarm systemand Mariano’s will “comply with all state and local codes and regulations.”

There was no board vote taken on the matter.Last year,the village board directed staffers to review the village’s current gaming or-

A rendering of the proposed video gaming area Kroger wants to build inside

dinance, which requires businesses seeking the liquor license required to open a video gaming terminal to be located in the village for at least two years.

Sevenbusinessesoperate42video gaming terminals in Westchester.From January 2023 to January 2024, the terminals generated $6.1 million in net incomeand roughly $307,000in local tax revenue forthe village, IllinoisGaming Board data shows.

Kroger, the country’s largest supermarket operator by revenue, has national video gaming ambitions. Last month, an Ohio TV news station reported that Kroger 14 sports betting kiosks at stores across the Greater Cincinnati metropolitan area, where Kroger is headquartered.

Kroger owns 18 other brands besides Mariano’s, including Food 4 Less and operates 2,750stores in 35 states and the District of Columbia. In 2022, the company announced that

NEWS BRIEFS

from page 3

U.S. Appeals Court SidesWith Broadview In BattleWith Strip Club Developers

On Feb. 26, the U.S. Court of Appeals forthe 7thDistrict affirmed alower court’srulingin 2023 that sidedwiththe village of Broadview. The village hadconsented to an orderissued

by a federal judge in 2022 ordering it to pay $15,111to developers hoping to build the strip club, Chicago Joe’s Tea Room, on landat 2850 Indian Joe Drive. The payment was far below the $150 million the developers had sought.

“Chicago’sJoe’sshadowy group ofdeeppocketed strip club owners thoughtthey could bully Broadview and its 7,800 residents, its elected officials,and wear us down with endless court battles,” stated Broadview Mayor KatrinaThompson. “Well, they were wrong.Broadview wanted nothing to do with their strip club, and we consistently conveyed that message for more than 15 years.”

TheFebruary courtdecision is thelatestin a pitched battle between the developers and the village that began in 2007,when village officials refused to grant the former a business permit.

“What followedwas 17-years of court battles,theinvolvementof four differentjudges, at least 10 law firms,and an appellate court decisionthat backed a lower court ruling that deniedChicago Joe’s a legal path to open in Broadview,” a village spokesman explained in a statement.

Mayor Thompson also thanked the village’s attorneys.

it planned to purchase Albertsons,another majorgrocerychainthat owns the regional supermarket brandJewel-Osco, for nearly $25 billion.

Those plans, however, were put on hold after federal regulators filedan administrative complaint last month against the acquisition due to fears that the merger would result in less competition in the grocery industry.

Kroger and Albertsonshaveargued that a merger “would help them better compete with big retailers like Walmart, Costco and Amazon,which owns WholeFoods,because they would have more power tonegotiate prices and could save on distribution and administrative costs. Together, they would control around 13% of the U.S. grocery market; Walmart now controls 22%, while Costco controls 6%,according to J.P.Morgan analyst Ken Goldman,” the AssociatedPress reported in February.

“Broadview deeply appreciates our relationshipwith Fornaro Law, who loyally and effectively defendedBroadview’s interests for [nearly 14] years during multiple legal odysseys as well as that of their co-counsel,the Del Galdo Law Group,” said Thompson.

“I would beremissif I failedto mentionthe efforts of attorney Mark Scarlato,who passed awayon April15, 2022, andwas unable to celebrate this victory,” said Thompson. “Mark tirelessly defended the Village and was one of the mainarchitects of Broadview’s defense, so we would have been hard-pressed to achieve our legal victorieswithout Mark.”

Village Free Press, March 6, 2024 7 vfpress.news
COURTESY KROGER
FILE
of the Westchester Mariano’s. The Westchester Mariano’s could get video gaming terminals if the village board approves a change in the store’s current liquor license.

In Bellwood, Proviso Leaders End Black History Month With A Bang

HouseSpeaker Welch,

Bellwood Mayor Harvey among‘Black firsts’ at culminating Black History Month event in Bellwood on Feb. 28

Community leaders from across Proviso Township gathered at the Senior Suites of Bellwood, 3201 Randolph St. in Bellwood, on Feb.28 for the senior facility’s annual Black History Salutes event.

Leaders who spoke duringthe ceremony — organized by Senior Suites resident Bonnie Dotson and that includeda skit, a fashion show and food, amongother things — shared a few things in common,notthe least of whichthey werepioneers in their respective

fields of endeavor.

“Our Black is beautiful,” said Rev.Annette Barker,who alongside her husband, Jerry Barker, co-pastors ChristianUnity Baptist Church, 2140 Washington Blvd. in Bellwood

“My father,thelateBishop WillieB.Dugan, took an old building[and]knew he could do allthingsthroughChrist,” Barker said. “He took it from washing clothes to washing souls and now it’s noted as the first African-American church in Bellwood.”

Rev.ChauncieBrown,pastor of theSecond BaptistChurch, 436 S. 13th Ave. in Maywood, and one of the first Black churches in that village,commemorated the motorcyclist Bessie Stringfield.Known as the “Motorcycle Queen of Miami,” Stringfieldwas the firstBlack woman to ride alone across the United States. Brown saidthat when Strinfield was asked if she was afraid of racist mobs attacking herwhile riding solo across the country, she respondedthat she was worried“because although I was ridingbymyself I was never riding alone,becauseGod wascovering me,” the pastor said. “I’mgoing to be like Bessie and I’m going to keep on riding.”

Bellwood Mayor Andre Harvey, the village’s firstBlack firefighter and its firstBlack mayor, praised the village’s moral evolution as he recounted its prejudicial past.

“The village of Bellwood used to beone of the most racist communities in the western suburbs,” Harveysaid.“In 1969, when my parents moved here,you could not walk past 25th Avenue.If you went past 25th,you might

as well have had your running shoes on, because they would chase you back to this side of town.

“Whatpeople don’t know is therewas a Black familywho movedon thissideof town, orbought a house on thissideof town. I don’t think they ever moved here,because the house was set on fire before they could move in. That was in the early 1970s.”

Harvey saidwhen he began work as the village’s first Black firefighter in 1988,the entirevillagegovernmentand administration was white

“Iamsoproud tobe aresident ofBellwood, because we have come through so much,” the mayor said.

Illinois House Speaker Emanuel “Chris” Welch — the firstBlack Speaker of the House in the state’s 206-year history— shared his thoughtson beinga “Black first.” Welch grew up inBellwood and attended Proviso West High School in Hillside.

“Being the first[House Speaker] has truly beena specialhonor,” Welch said.“Raising a Black boy and a Black girl, for them to see Blackhistory intheir houseeveryday is special.ButItell them everyday that it’s anhonor to be the first,but what’s reallyimportant to me is I don’t want to be the last.”

“Historyis our connection to the past,” said Rev.Lorenzo Webber,thepastor ofShekinah GloryChristianMinistriesand a chaplainfor the Maywood Police Department, “but legacy is the past having a lasting impact that extends to our future.”

8 Village Free Press, March 6, 2024 vfpress.news
PROVIDED
PROVIDED
Bellwood Mayor Andre Harvey speaks during the Feb. 28 Black History Month program at the Senior Suites of Bellwood. Illinois Speaker of House Emanuel “Chris” Welch speaks during the Black History Month program on Feb. 28.

COMMUNITY highlights

Community members recently held a balloon release for Alice Hilderbrand, whose funeral services will take place at Rock of Ages Baptist Church on March 15.

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Village Free Press, March 6, 2024 9 vfpress.news
COURTESY TRUSTEE VANN/FACEBOOK Westchester Trustee Victoria Vann recetly held her annual Senior Soul Food Brunch at Aperion Care Westchester. PROVIDED Milwaukee Bucks head coach and Maywood native Doc Rivers spent some time with local young people after a Bulls game on March 1. COURTESY CONNIE RIALES/FACEBOOK

Mayor Updates Public On Hillside Senior Apartments

Mayor Tamburinosaid Turnstone Development has proven the site at 5207 Ridge Ave. is‘adequate for construction’

Proviso Township’s newest independent senior living facility development is progressing, HillsideMayorJoe Tamburinosaidin the village’s most recent newsletter.

Mayor TamburinosaidTurnstone Development,thecompany hired tobuild Hillside Senior Apartments on the site of the old Berkeley-Hillside Presbyterian Church at 5207 Ridge Ave.,has “performed boring samples that provethe ground is adequate for construction.”

The mayor said he’ll update the public on the $14 million senior housing development in the village’s next newsletter.

In February 2023, the Hillside village board approved Turnstone’s proposal to construct the four-story, 42-unit development for people 55 years and over. Since then, the project has beenawarded$1.5millioninLow-Income Housing Tax Credits from the Illinois Housing

Development Authority, which Mayor Tamburino has said were necessary for the project’s viability.

Thirty-six of the units will be 675-squarefoot, single bedroom units while six will be 900-square-foot, two-bedroom units. Rent will be up to$1,300a month,dependingon the unit, the mayor has explained. At least 10% of the units will be fully handicap accessible or adaptable, and 2% of the units will be designed forvisualor auditory impaired residents. Residents will be allowed to have small pets.

The facility will have 67 parking spaces, a community room witha kitchen, an outdoor terrance,a tenant lounge and an outdoor bicycle storage area, among otherfeatures. The building will also be connected to village infrastructure to facilitate pedestrian connectivity with thesurrounding neighborhood, Tamburino said.

The mayor has explainedthat the village will own the land on which the Hillside Senior Apartments are built. The building will have a50-year lease,atthe end ofwhich the villagewill ownthebuilding. He said the developerwillbear the costs of demolishingthe old church.

Hillside residentswill havepriorityfor the first16 units in the building. After those units are approved, the remaining26 will be filledfrom a waiting list that can include Hillside residents.

“The vetting process of tenants will be strictly enforced and will include ability to pay, physical health, number of people in the household, and other various qualifications,” the mayor explained last year.

The apar tments will be mana ged by CarltonManagementCompanyLLC,thesame firm that manages the two Wisdom Village senior living facilities at 56 E. North Ave. and 33 S. Wolf Rd. in Northlake. The latter development was built in 2019.

Mayor Tamburino’s recent update comes in the wake of a months’ long public debate about the senior facility, which has garneredcriticismfromsomeresidentswho don’t want the facility built on the site of the former church and others who questioned why the minimum eligibility age was 55 instead of 62.

Sue Wiemer, Turnstone’s interim executive director, has said that 20% of Hillside residents are 55 and over. She added that her firm will spend about $14 million on the project and after 50 years, will hand the village a $13 million check, according to village meeting minutes.

Joseph Pisano, Hillside’s village administrator, said last year the village spent just under $700,000 to secure the site.

With this senior living development, Hillside joins the fray of local governments taking the lead in developing much-needed shelter amid a national shortage of affordable housing and rising rents.

According to a report released last year by HarvardUniversity’sJointCenterforHousing Studies, nearly a third of U.S. households “headed by seniors are considered cost burdened, which means they pay more than 30% of their income for housing. Half of that group pays more than 50%. And as the boomers have aged, households in this group reached an all-time high of 11.2 millionin 2021,” NPR reported in 2023.

“That’slikelytogrowfurtherasthenumber of households headed by someone aged 80 and over doubles by 2040,” the report added.

In the last three years, ribbon-cuttings have been held for at least three senior livingfacility developments that were spearheaded by Proviso Township suburbs partnering with private developers.

The Broadview Senior Apartments at 2111 S. 17th Ave. in Broadview opened in 2021. Maywood Supportive Living at 316 Randolph St. in Maywood opened in 2022. And theBellwoodSeniorApartmentsat542S. 25th Ave. in Bellwood opened in late 2023.

10 Village Free Press, March 6, 2024 vfpress.news
COURTESYVILLAGE OF HILLSIDE A map of the Hillside Senior Apartments that developers are planning to build. GOOGLE EARTH The old Berkeley-Hillside Presbyterian Church at 5207 Ridge Ave. in Hillside, where the village and a private developer are seeking to build senior apartments.

is: LUENETHA EPPERSON 400 49TH STBELLWOOD,IL 60104

QUIANNA EPPERSON 7527 S CALUMET CHICAGO, IL 60619

PublishedinVillageFree Press March 6, 13,20, 2024

PUBLIC NOTICE

PUBLIC HEARING

BEFORETHE PLANNING AND ZONINGBOARD OFAPPEALS OFTHE VILLAGE OFHILLSIDE

PUBLIC NOTICEis hereby given

that on Thursday, the 21stday of March 2024, starting at the hour of 7:00 P.M.,there will be a public hearing before the Zoning Board of Appeals, of the Village ofHillside, acting as the Plan Commission in the Courtroom of the Municipal Complex, 425 HillsideAvenue, Hillside, Illinois.

The public hearing is for the purpose ofpresenting a request for Special Use for a Data Center submitted by DPK Hillside,LLC, 2803 Butterfield Road, Suite 300, Oak Brook, IL 60523, atproperty commonly known as 101 N. WolfRoad, Hillside,IL, as a Special Use on the underlyingproperty, which is zoned B-2 Business District.

DATED THIS6th DAY OFMarch 2024

ZONINGBOARD OFAPPEALS VILLAGE OFHILLSIDE COOKCOUNTY, ILLINOIS

PublishedinVillageFree Press March 6, 2024

PUBLIC NOTICE

PUBLIC HEARING

BEFORETHE PLANNING AND ZONINGBOARD OFAPPEALS OFTHE VILLAGE OFHILLSIDE

PUBLIC NOTICEis hereby given that on Tuesday, the 26th day of March 2024 starting at the hour of 7:00 P.M.,there will be a public hearing before the Zoning Board of Appeals, of the Village ofHillside, acting as the Plan Commission in the Courtroom of the Municipal Complex, 425 HillsideAvenue, Hillside, Illinois.

The public hearing is for the purpose ofpresenting a request for Special Use for a Salon-Spa to perform hair styling, cosmetology, and nails by Jonique Dickerson, conducting business as Beauty Unveiled LLC, 1S302 Danby St.,Villa Park, IL 60181, at propertycommonly known as 517 N. WolfRoad, Hillside,IL, as a Special Use on the underlyingproperty, which is zoned B-1 Business District.

DATED THIS6th DAY OFMarch 2024

ZONINGBOARD OFAPPEALS VILLAGE OFHILLSIDE COOKCOUNTY, ILLINOIS

PublishedinVillageFree Press March 6, 2024

PUBLIC NOTICE

PUBLIC HEARING

BEFORETHE PLANNING AND ZONINGBOARD OFAPPEALS OFTHE VILLAGE OFHILLSIDE

PUBLIC NOTICEis hereby given that on Tuesday, the 26th day of March 2024, starting at the hour of 7:00 P.M.,there will be a public hearing before the Zoning Board of Appeals, of the Village ofHillside, acting as the Plan Commission in the Courtroom of the Municipal Complex, 425 HillsideAvenue, Hillside, Illinois.

The public hearing is for the purpose ofpresenting a request for Special Use for a Gas Station and Carwash by Stephen Chacko, conducting business as HillsideGas Mart Inc.,9131 DelphiaAve.,Des Plaines, IL 60016, at property commonly known as 440 N. Mannheim Road, Hillside,IL, as a Special Use on the underlying property, which is zoned B-1 Business District.

DATED THIS6TH DAY OFMarch 2024

ZONINGBOARD OFAPPEALS VILLAGE OFHILLSIDE COOKCOUNTY, ILLINOIS

PublishedinVillageFree Press March 6, 2024

IN THE CIRCUIT COURT OF COOKCOUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION

NATIONSTARMORTGAGELLC

Plaintiff, -v.-

UNKNOWN HEIRS AND LEGATEESOFANNIE B.ANTHONY, ANDREW KIMBERSR.,UNKNOWN OWNERS AND NONRECORD CLAIMANTS,JOHNLYDON, AS SPECIAL REPRESENTATIVE

FORANNIE B.ANTHONY (DECEASED)

Defendants

2022 CH 08415

1031 ORCHARD AVENUE

MAYWOOD,IL 60153

NOTICEOFSALE

PUBLIC NOTICEISHEREBY GIVEN thatpursuant to a Judgment of Foreclosure and Sale entered in the above cause on August 17, 2023, an agent for The Judicial Sales Corporation, will at 10:30 AM on April 2, 2024, atThe JudicialSales Corporation, One South Wacker, 1st Floor Suite 35R, Chicago, IL,60606, sell at a public sale to the highest bidder, as set forth below, the following described real estate:

Commonly known as 1031 OR-

CHARD AVENUE, MAYWOOD, IL 60153

Property Index No. 15-14-201013-0000

The real estate is improved with a single family residence.

Sale terms:25% down ofthe highest bid by certified funds atthe close of the sale payable to The Judicial Sales Corporation. No third party checks will be accepted. The balance, in certified funds/or wire transfer, is due within twenty-four (24) hours. The subject property is subject to general real estate taxes, special assessments,or special taxes levied against said real estate and is offered for sale without any representation as to quality or quantity oftitle and without recourse to Plaintiffand in “AS IS” condition.

The sale is further subjectto confirmation by the court.

Upon payment in full of the amount bid, the purchaser will receive a Certificate ofSale thatwill entitle the purchaser to a deed to the real estate after confirmation of the sale.

The property will NOTbe open for inspection and plaintiffmakes no representationas to the condition of the property.Prospective bidders are admonishedto check the court file to verify all information.

Ifthis propertyis a condominium unit, the purchaser of the unit at the foreclosure sale, other than a mortgagee, shall pay the assessments and the legal fees required by The Condominium Property Act, 765 ILCS 605/9(g)(1) and (g)(4). If this property is a condominium unit which is partof a common interest community,the purchaser of the unit at the foreclosure sale other than a mortgagee shall pay the assessments requiredby The CondominiumProperty Act,765 ILCS

605/18.5(g-1).

IFYOU ARE THE MORTGAGOR (HOMEOWNER),YOU HAVE THE RIGHTTOREMAIN IN POSSESSIONFOR30 DAYS AFTER ENTRY OFAN ORDER OF POSSESSION,IN ACCORDANCE WITH SECTION15-1701(C)OFTHE ILLINOISMORTGAGEFORECLOSURE LAW.

You will need a photo identification issued by a government agency (driver’slicense,passport,etc.)in order to gain entry into our building and the foreclosuresale room in Cook County and the same identification for sales held atother county venues where The Judicial Sales Corporationconducts foreclosure sales.

For information, examine the court file, CODILIS & ASSOCIATES, P.C.Plaintiff’sAttorneys,15W030 NORTH FRONTAGEROAD, SUITE 100, BURR RIDGE,IL,60527 (630) 794-9876

THE JUDICIAL SALES CORPORATION

One South Wacker Drive, 24th Floor, Chicago, IL 60606-4650(312)

236-SALE

You can also visit The Judicial Sales Corporationat www.tjsc.com for a 7 day status report of pending sales.

CODILIS & ASSOCIATES,P.C.

15W030 NORTH FRONTAGE ROAD, SUITE100 BURR RIDGE IL,60527

630-794-5300

E-Mail: pleadings@il.cslegal.com

Attorney File No. 14-22-06277

Attorney ARDC No. 00468002

Attorney Code. 21762

Case Number: 2022 CH 08415

TJSC#: 44-335

NOTE:Pursuant to the Fair Debt CollectionPractices Act,you are advisedthatPlaintiff’sattorneyis deemed to be a debt collector attempting to collect a debtand any information obtained will be used for that purpose.

Case # 2022 CH 08415 I3239399

IN THE CIRCUIT COURT OF COOKCOUNTY, ILLINOIS COUNTY DEPARTMENT - CHANCERY DIVISION NATIONSTARMORTGAGELLC D/B/AMR. COOPER

Plaintiff, -v.-

VIRGINIAA HAADEE, UNKNOWN OWNERS AND NON-RECORD CLAIMANTS, UNKNOWN HEIRS AND LEGATEESOFFREDDIE

SAMPSON A/K/AFREDDIE M SAMPSON A/K/AFREDDIE MODEAN SAMPSON

Defendants

20 CH 02128

1309 SOUTH 7TH AVENUE MAYWOOD,IL 60153

NOTICEOFSALE

PUBLIC NOTICEISHEREBY GIVEN thatpursuant to a Judgment of Foreclosure and Sale entered in the above cause on August 16, 2023,

an agent for The Judicial Sales Corporation, will at 10:30 AM on April 9, 2024, atThe JudicialSales Corporation, One South Wacker, 1st Floor Suite 35R, Chicago, IL,60606, sell at a public sale to the highest bidder, as set forth below, the following describedreal estate: Commonly known as 1309 SOUTH 7TH AVENUE, MAYWOOD,IL 60153

Property Index No. 15-14-126003-0000

The real estate is improved with a brown brick,two story multi unit home, detached two car garage. Sale terms:25% down ofthe highest bid by certified funds atthe close of the sale payable to The Judicial Sales Corporation. No third party checks will be accepted. The balance, in certified funds/or wire transfer, is due within twenty-four (24) hours. The subject property is subject to general real estate taxes, special assessments,or special taxes levied against said real estate and is offered for sale without any representation as to quality or quantity oftitle and without recourse to Plaintiffand in “AS IS” condition. The sale is further subjectto confirmation by the court. Upon payment in full of the amount bid, the purchaser will receive a Certificate ofSale thatwill entitle the purchaser to a deed to the real estate after confirmation of the sale. The property will NOTbe open for inspectionand plaintiff makes no representationas to the condition of the property.Prospective bidders are admonishedto check the court file to verify all information.

Ifthis propertyis a condominium unit, the purchaser of the unit at the foreclosure sale, other than a mortgagee, shall pay the assessments and the legal fees required by The Condominium Property Act, 765 ILCS 605/9(g)(1) and (g)(4). If this property is a condominium unit which is partof a common interest community,the purchaser of the unit at the foreclosure sale other than a mortgagee shall pay the assessments requiredby The CondominiumProperty Act,765 ILCS 605/18.5(g-1).

IFYOU ARE THE MORTGAGOR (HOMEOWNER),YOU HAVE THE RIGHTTOREMAIN IN POSSESSIONFOR30 DAYS AFTER ENTRY OFAN ORDER OF POSSESSION,IN ACCORDANCE WITH SECTION15-1701(C)OFTHE ILLINOISMORTGAGEFORECLOSURE LAW.

You will need a photo identification issued by a government agency (driver’slicense,passport,etc.)in order to gain entry into our building and the foreclosuresale room in Cook County and the same identification for sales held atother county venues where The Judicial Sales Corporationconducts foreclosure sales.

MCCALLA RAYMER LEIBERT PIERCE,LLCPlaintiff’sAttorneys, One North Dearborn Street,Suite 1200, Chicago, IL,60602. Tel No.

(312) 346-9088.

THE JUDICIAL SALES CORPORATION

One South Wacker Drive, 24th Floor, Chicago, IL 60606-4650(312)

236-SALE

You can also visit The Judicial Sales Corporationat www.tjsc.com for a 7 day status report of pending sales.

MCCALLA RAYMER LEIBERT PIERCE, LLC

One North Dearborn Street,Suite 1200 ChicagoIL,60602 312-346-9088

E-Mail: pleadings@mccalla.com

Attorney File No. 20-03463IL

Attorney Code. 61256

Case Number: 20 CH 02128

TJSC#: 43-4370

NOTE:Pursuant to the Fair Debt CollectionPractices Act,you are advisedthatPlaintiff’sattorneyis deemed to be a debt collector attempting to collect a debtand any information obtained will be used for that purpose.

Case # 20 CH 02128 I3238932

IN THE CIRCUIT COURT OF COOKCOUNTY, ILLINOIS

COUNTY DEPARTMENT - CHANCERY DIVISION ALLY BANK

Plaintiff, -v.PATRICIAANN HENNESSY, FKA PATRICIAANN CROSSE, AKA PATRICIAHENNESSY, WESTCHESTERPLACEHOMEOWNER’SASSOCIATION

Defendants

2021 CH 05828 11037 EATONCOURT WESTCHESTER,IL 60154

NOTICEOFSALE

PUBLIC NOTICEISHEREBY GIVEN thatpursuant to a Judgment of Foreclosure and Sale entered in the above cause on August 7, 2023, an agent for The JudicialSales Corporation, will at10:30 AM on March 26, 2024, atThe Judicial Sales Corporation, One South Wacker, 1st Floor Suite 35R, Chicago, IL,60606, sell at a public sale to the highest bidder, as setforth below,the followingdescribed real estate:

Commonly known as 11037 EATON COURT, WESTCHESTER,IL 60154

Property Index No. 15-29-317010-0000

The real estate is improved with a single family residence.

The judgment amount was $195,577.41.

Sale terms:25% down ofthe highest bid by certified funds atthe close of the sale payable to The Judicial Sales Corporation. No third party checks will be accepted. The balance, in certified funds/or wire transfer, is due within twenty-four (24) hours. The subject property is subject to general real estate taxes, special assessments,or special taxes levied against said real estate and is offered for sale without any representation as to quality or quantity oftitle and without recourse

REAL

to Plaintiffand in “AS IS” condition.

The sale is further subjectto confirmation by the court.

Upon payment in full of the amount bid, the purchaser will receive a Certificate ofSale thatwill entitle the purchaser to a deed to the real estate after confirmation of the sale.

The property will NOTbe open for inspectionand plaintiff makes no representationas to the condition of the property.Prospective bidders are admonishedto check the court file to verify all information.

Ifthis propertyis a condominium unit, the purchaser of the unit at the foreclosure sale, other than a mortgagee, shall pay the assessments and the legal fees required by The Condominium Property Act, 765 ILCS 605/9(g)(1) and (g)(4). If this property is a condominium unit which is partof a common interest community,the purchaser of the unit at the foreclosure sale other than a mortgagee shall pay the assessments requiredby The CondominiumProperty Act,765 ILCS 605/18.5(g-1).

IFYOU ARE THE MORTGAGOR (HOMEOWNER),YOU HAVE THE RIGHTTOREMAIN IN POSSESSIONFOR30 DAYS AFTER ENTRY OFAN ORDER OF POSSESSION,IN ACCORDANCE WITH SECTION15-1701(C)OFTHE ILLINOISMORTGAGEFORECLOSURE LAW.

You will need a photo identification issued by a government agency (driver’slicense,passport,etc.)in order to gain entry into our building and the foreclosuresale room in Cook County and the same identification for sales held atother county venues where The Judicial Sales Corporationconducts foreclosure sales.

For information, contact MANLEY

DEASKOCHALSKILLCPlaintiff’s Attorneys, ONE EASTWACKER, SUITE1250, Chicago, IL,60601 (312) 651-6700. Please refer to file number 20-008577.

THE JUDICIAL SALES CORPORATION

One South Wacker Drive, 24th Floor, Chicago, IL 60606-4650(312) 236-SALE

You can also visit The Judicial Sales Corporationat www.tjsc.com for a 7 day status report of pending sales.

MANLEY DEAS KOCHALSKI LLC

ONE EASTWACKER, SUITE1250 ChicagoIL,60601 312-651-6700

E-Mail: AMPS@manleydeas.com

Attorney File No. 20-008577

Attorney Code. 48928

Case Number: 2021 CH 05828

TJSC#: 44-368

NOTE:Pursuant to the Fair Debt CollectionPractices Act,you are advisedthatPlaintiff’sattorneyis deemed to be a debt collector attempting to collect a debtand any information obtained will be used for that purpose.

Case # 2021 CH 05828 I3238830

Village Free Press, March 6, 2024 11 vfpress.news CLASSIFIED By Phone: (708) 406-2494 By Email: kamil@vfpress.news
NOTICE Notice is hereby given, pursuant to “An Actin relation to the use of an Assumed Business Name in the conduct or transaction of Business in the State,”as amended, that a certification was registered by the undersigned with the County Clerk ofCook County. Registration Number:
27, 2024 Under the Assumed Business Name of MOMENTS with the business located at:400 49TH ST,
and residence
owner(s)/partner(s)
PUBLIC NOTICES PUBLIC
Y24011517on February
BELLWOOD,IL 60104. The true and real full name(s)
address of the
ESTATE FORSALE REAL ESTATE FORSALE REAL ESTATE FORSALE
REAL ESTATE FORSALE REAL ESTATE FORSALE PUBLIC NOTICE PUBLIC NOTICE

OFFICIAL NOTICE OF ELECTION, SPECIMEN BALLOTS, REFERENDA/ QUESTIONS OF PUBLIC POLICY & POLLING PLACES

Aviso oficial de elección, balota de muestra, referéndums / preguntas de política pública y lugares de votación

OFFICIAL NOTICE IS HERBY GIVEN, by KarenA.Yarbrough, Cook County Clerk that the Primary Election will be held in Suburban Cook County on: que la elección primaria se llevará acabo en los suburbios de Cook County en:

Tuesday, March 19, 2024

Martes 19 de marzo del 2024

The Primary Election will be held in election precincts under the jurisdiction of the Election Division of the Cook County Clerk's Office. La eleccion primaria tomara acabo en precintos de eleccion bajo la jurisdicción de la división de eleccion del Cook County Clerk's Office.

The Polls for said Primary Election will be open from 6 a.m. to 7 p.m. Locations are subject to change as necessity requires. Las urnas para tal eleccion primaria estarán abiertas de las 6 a.m. hasta las 7 p.m. Localidades están sujetas a cambio por necesidad.

At the Primary Election the voters will vote on the following contests and referenda questions. Referenda/Questions of Public Policy will be voted upon in those precincts of Cook County under the jurisdiction of the Cook County Clerk in which a Unit of Local Government has requested the County Clerk’s Office to place said referenda/questions of public policy on the ballot.

En la eleccion primaria los votantes votaran por los siguientes puestos y cuestiones de referendo. Referendos/Cuestiones de Política Pública serán votadas en aquellos precintos de Cook County bajo la jurisdicción del Cook County Clerk en la cual una unidad de gobierno local le ha pedido a la oficina del County Clerk que provea dicho referendo/cuestión de política pública en la boleta.

TOWNSHIP OFPROVISO

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H H H HHH H HH H
cookcountyclerkil.gov

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OFFICIAL NOTICE OF REFERENDA/ QUESTIONS OF PUBLIC POLICY

OFFICIAL NOTICE OF POLLING PLACES

The voting will be conducted at the following polling places for each of the aforesaid election precincts selected by the Cook County Clerk.

Las votaciones tomaran lugar en cada de los antedichos precintos de elección seleccionados por el Cook County Clerk.

TownshipNameWardPctPollingPlaceNamePollingPlaceAddressAccessible PROVISO1LINCOLNSCHOOL811WCHICAGOAVEY PROVISO2LINCOLNSCHOOL811WCHICAGOAVEY PROVISO3HILLSIDECOMMUNITYCENTER1NLINDAVEY PROVISO4LEXINGTONSCHOOL415WLEXINGTONSTY PROVISO5MATERCHRISTICHURCH2401S10THAVEY PROVISO6WESTCHESTERPRIMARYSCHOOL2400DOWNINGAVEY PROVISO7CONCORDPLACE401WLAKESTY PROVISO8FIELDSTEVENSONSCHOOL925BELOITAVEY PROVISO9MCKINLEYSCHOOL3317BUTTERFIELDRDY PROVISO10MELROSEPARKSCHOOL1715WLAKESTY PROVISO11MELROSEPARKSCHOOL1715WLAKESTY PROVISO12BULGERPARKHALL1601HIRSCHSTY PROVISO13WESTCHESTERPARKDISTRICTCOMMUNITYCENTER10201BONDSTY PROVISO14OURLADYOFMOUNTCARMELSCHOOL1114N22NDAVEY PROVISO15SHARPMEMORIALPARKDISTRICT1609N36THAVEY PROVISO16LINDPARK1200LINDAVEY PROVISO17JANEADDAMSSCHOOL910DIVISIONSTY PROVISO18LINCOLNSCHOOL3420JACKSONSTY PROVISO19ROOSEVELTMIDDLESCHOOL2500OAKSTY PROVISO20MEMORIALPARKDISTRICTEISENHOWERCOMMUNITYCENTER700SPEECHLEYBLVDY PROVISO21HOLYGUARDIANANGELSPARISH1125HARRISONAVEY PROVISO22MCKINLEYSCHOOL3317BUTTERFIELDRDY PROVISO23BETHLEHEMWOODSVILLAGE@ASCENSIONLIVING1571WOGDENAVEY PROVISO24PARKJUNIORHIGHSCHOOL325NPARKRDY PROVISO25COMMUNITYPARKDISTRICTOFLAGRANGEPARK1501BARNSDALERDY PROVISO26VILLAGEOFLAGRANGEPARK447NCATHERINEAVEY PROVISO27VILLAGEOFBROOKFIELD8820BROOKFIELDAVEY PROVISO28WESTCHESTERPRIMARYSCHOOL2400DOWNINGAVEY PROVISO29VILLAGEOFBROOKFIELD8820BROOKFIELDAVEY PROVISO30HILLSIDEVILLAGEHALL425NHILLSIDEAVEY PROVISO31LINCOLNSCHOOL3420JACKSONSTY PROVISO32HOLYGUARDIANANGELSPARISH1125HARRISONAVEY PROVISO33BROADVIEWVILLAGEHALL2350S25THAVEY PROVISO34SCHROEDERPARK2600S13THAVEY PROVISO35WESTCHESTERPARKDISTRICTCOMMUNITYCENTER10201BONDSTY PROVISO36PROVISOEASTHIGHSCHOOL807SFIRSTAVEY PROVISO37LEXINGTONSCHOOL415WLEXINGTONSTY PROVISO38BROADVIEWVILLAGEHALL2350S25THAVEY PROVISO39MEMORIALPARKDISTRICTEISENHOWERCOMMUNITYCENTER700SPEECHLEYBLVDY PROVISO40GARFIELDSCHOOL1514S9THAVEY PROVISO41ROOSEVELTMIDDLESCHOOL2500OAKSTY PROVISO42VILLAGEOFLAGRANGEPARK447NCATHERINEAVEY PROVISO43MAYWOODFIRESTATION1220S17THAVEY PROVISO44ROOSEVELTSCHOOL1927S15THAVEY PROVISO45IRVINGSCHOOL805S17THAVEY PROVISO46MCCLUREJUNIORHIGHSCHOOL4225WOLFRDY PROVISO47IRVINGSCHOOL805S17THAVEY PROVISO48STTHOMASSYROMALABARCATHEDRAL5000SAINTCHARLESRDY PROVISO49PROGRESSIVELIFEGIVINGCATHEDRAL4500FRONTAGERDY PROVISO50WESTCHESTERMIDDLESCHOOL1620NORFOLKAVEY PROVISO51WESTCHESTERMIDDLESCHOOL1620NORFOLKAVEY PROVISO52WASHINGTONSCHOOL1111WASHINGTONBLVDY PROVISO53WASHINGTONSCHOOL1111WASHINGTONBLVDY PROVISO54PLYMOUTHPLACE315NLAGRANGERDY PROVISO55JANEADDAMSSCHOOL910DIVISIONSTY

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PROVISO56PROVISOEASTHIGHSCHOOL807SFIRSTAVEY

PROVISO57WESTCHESTERINTERMEDIATESCHOOL10900CANTERBURYSTY

PROVISO58LINCOLNSCHOOL3420JACKSONSTY

PROVISO59WESTCHESTERPUBLICLIBRARY10700CANTERBURYSTN

PROVISO60HILLSIDEVILLAGEHALL425NHILLSIDEAVEY

PROVISO61GRANTWHITESCHOOL147CIRCLEAVEY

PROVISO62GRANTWHITESCHOOL147CIRCLEAVEY

PROVISO63HOLYGUARDIANANGELSPARISH1125HARRISONAVEY

PROVISO64STTHOMASSYROMALABARCATHEDRAL5000SAINTCHARLESRDY

PROVISO65GARFIELDSCHOOL543HANNAHAVEY

PROVISO66HOWARDMOHRCOMMUNITYCENTER7640JACKSONBLVDY

PROVISO67GARFIELDSCHOOL543HANNAHAVEY

PROVISO68HOWARDMOHRCOMMUNITYCENTER7640JACKSONBLVDY

PROVISO69HILLSIDECOMMUNITYCENTER1NLINDAVEY

PROVISO70WESTCHESTERINTERMEDIATESCHOOL10900CANTERBURYSTY

PROVISO71BERKELEYPUBLICLIBRARY1637TAFTAVEY

PROVISO72PARKDISTRICTOFFORESTPARK7501HARRISONSTY

PROVISO73FIELDSTEVENSONSCHOOL925BELOITAVEY

PROVISO74WESTCHESTERPUBLICLIBRARY10700CANTERBURYSTN

PROVISO75COMMUNITYPARKDISTRICTOFLAGRANGEPARK1501BARNSDALERDY

PROVISO76BETSYROSSSCHOOL1315MARENGOAVEY

PROVISO77WESTSUBURBANCHURCHOFCHRIST5141STCHARLESRDY

PROVISO78HOWARDHROHDEPOST888THEAMERICANLEGION241ENORTHAVEY

PROVISO79BROADVIEWLIBRARY2226S16THAVEY

PROVISO80VILLAGEOFSTONEPARK1825N32NDAVEY

PROVISO81BEVERLYCENTER3031S25THAVEY

PROVISO82MCKINLEYSCHOOL3317BUTTERFIELDRDY

PROVISO83ROOSEVELTMIDDLESCHOOL2500OAKSTY

PROVISO84MAYFAIRRECREATIONCENTER10835WAKEFIELDSTY

PROVISO85WESTCHESTERPARKDISTRICTCOMMUNITYCENTER10201BONDSTY

PROVISO86ROOSEVELTSCHOOL1927S15THAVEY

PROVISO87STEVENSONSCHOOL1630N20THAVEY

PROVISO88GROSSSCHOOL3524MAPLEAVEY

PROVISO89GROSSSCHOOL3524MAPLEAVEY

NOTE:Theletter(N)followingthepollingplaceaddressdenotesthatthepollingplaceitselfisnotaccessibletothehandicappedalthoughotherpartsofthefacilitymaybeaccessible.AnexemptionhasbeengrantedbytheStateBoardof Electionsandsignsarepostedindicatingifthewholebuildingisaccessibleorifthereisaspecialentrance.

NOTA:Laletra(N)despuésdeladireccióndeunlugardevotaciónindicaqueellugardevotaciónensímismonoes accesibleparapersonasdiscapacitadas,aunqueotraspartesdeledificiopuedenseraccesibles.LaJuntaElectoraldel Estadohaconcedidounaexenciónyhaycartelespublicadosqueindicansitodoeledificioesaccesibleosihayuna entradaespecial.

Dated at Chicago, Illinois this 6th day of March 2024

Cook County Clerk

cookcountyclerkil.gov

Village Free Press, March 6, 2024 17 vfpress.news

After A 35-Year Wrongful Sentence, State Law Caps Compensation At 14 Years

Illinois leads nation in overturned wrongful convictions but has one of the lowest repayment structures

In December, 57-year-old BrianBeals spent Christmaswith his sisterPattilyn for the first time in 35 years.

Beals was exonerated and freed from Robinson CorrectionalCenter in southeastern IllinoisonDec. 13 after a Cook County circuit court judge vacated his conviction and dismissed charges against him.

“In that moment, I was just trying to processhowthisallhappened,”BealstoldCapitol News Illinois. “Prison erases your ability to have hope.”

In 1990, a jury convicted Beals of firstdegree murder for a shooting that killed a 6-year-old boy and injured his mother in Chicago’s Englewood neighborhood. He maintained his innocence as he was sentenced to 80 years in prison – essentially the rest of his life.

But last year, new evidence presented by the Illinois Innocence Project prompted a reexamination of Beals’ case. A Judge found the assigned detective had a pattern of police misconduct, and newly enhanced photographic evidence showed Beals was likely the target, rather than the perpetrator, of gunfire.

Beals said he’s taking time to celebrate but is also now properly grieving family he lost while locked up.

“I’m now thesecond-oldestpersoninmy nuclear family; it’s dramatically different,” Beals said. “I lost a brother, my mother, I lost my aunt, my uncle. They all passed away while I was incarcerated.”

Butforthoseyearshelostin prison, Beals’exoneration doesn’tmean any automatic reimbursement from the state of Illinois.Andthejourneytogetanysortof restitutionforhisdecadesofwrongfulimprisonment is complicated, and one Beals believes is unfair.

Because of the way the system is structured, Beals’ potential compensation essentially stopped accruing after he served 14 years. A new bill in the General Assembly would seek to remove the roughly $200,000 cap on payments to exonerees that maxes out atthe 14-yearmark,replacingitwith a payout of $50,000 per year, capped at just over $2 million.

Illinois’ compensation practices

The path for most exonerees to find some versionof justice travels through the Illinois Court of Claims,whereIllinoisanscanfile claims to recover damages against a state agency or employee. Claimants seeking money for awrongfulconviction mustfirst obtain a certificate of innocence from the circuit courtin which they wereconvicted; something Beals’ lawyers say they see no major challenges in obtaining.

It’s a process that more peopleare undertaking in Illinois than in any other state in the nation. Illinoisleads the U.S. in wrongful convictions, with 531 exonerees on record at the National Registry of Exonerations, which is managed by multiple universities and is the only national database tracking wrongful convictions.

Despite only having about 4 percentof the country’s population, Illinois is responsible for 16 percent of overturned wrongful convictions in the U.S. Over 90 percent of exonerees in Illinois are Black or Latino compared to the nationwiderate of 65 percent. In January, Illinois saw four more men exonerated – all

charged with murder in Cook County.

But as the state is a national leaderin wrongfully convicting people, it’s near the bottom of allstatesin reimbursingexonerees for the time they wrongfully served.

Illinois’ current pay structure allows the court of claims to award exonerees at their discretion up to a certain amount, limiting maximum payouts based on time served.

Forexonerees who servedless than five years in prison, the maximum payout, which has increased incrementally to adjustfor inflation, is about $85,000. Those who served up to14years canreceivearound $170,000,and anyone who servedmore than 14 yearsislimited to a total of about $200,000.

For Beals,Illinois’ statute essentially dictates that the court of claims cannot reimburse him for the last two decades of his wrongful sentence, dueto the 14-yearcap. A maximum payout would equate to less than $6,000 peryear spent inprison,well below even half of the federal poverty line.

Beals saidthe current structure doesn’t provide justice.

“There needs to be more attention on this issue,” he said. “It’s not fair, obviously. You’re

compensated less (per year) for the time you’re incarcerated.”

Josh Tepfer, a lawyerat the Exoneration Project – a legal group providingfree aid to thoseclaiming innocence–saidherecently represented a man in a similar position as Beals.

“Francisco Benitez, myclient, justspent over 30 years in prison,”Tepfersaid. “Now he can only get the same amount as someone who did 14 years, so that doesn’t make a lot of sense.”

For the 373 claimants that have already been compensated understate statute, Illinois haspaid outaveragesumsofabout $112,000 perexoneree, accordingto the latest data compiledby Jeffrey Gutman, director of George Washington University Law School’s Public Justice Advocacy Clinic.

That comes to an average of $15,000 per year imprisoned, the second lowest amount per yearofallstatesthathavepaid outstatutory claims to date.

“The waythat Illinoishas done ithas always been unfair to people who have been in prison the longest,” Gutman said.

Illinois’ proposed fix

Last year the Illinois House unanimously approved a measure that would increase statutory compensation for those who have been wrongfully convicted to $50,000 per year of wrongful imprisonment, maxing out at the $2 million cap that otherwise governs court of claims payouts. It would apply to all pending and future claims.

It was one of two bills regarding exoneration that cleared the House unanimously last year, but both are awaiting a committee assignment in the Senate. Those measures – House Bill 1015 and House Bill 1016 – have since been combined into a single amendment to HB 1015. Capitol News Illinois was not able to schedule an interview with the bill’s Senate sponsors, including lead sponsor Sen. Elgie Sims, DChicago, despite numerous outreach attempts over several weeks.

The proposed amendment to HB 1015 offers partial-year reimbursement and $25,000 per year awaiting trial, and it indexes pay to increase with inflation each year up to 5 percent.

Should it become law, about 40 exonerees would be eligible for an increased payout in addition to the roughly 20 state claims currently

18 Village Free Press, March 6, 2024 vfpress.news
CAPITOL NEWS ILLINOIS PHOTO BY DILPREET RAJU Brian Beals, 57, sits in his sister’s home in January, one month after being released from prison after serving 35 years for a wrongful conviction. Beals was studying at Southern Illinois University when he was arrested for a murder he did not commit in 1988.

Native Tribe Seeks Return Of Ancestral Land

Bill would grant Prairie Band Potawatomi Nation land that currently makes up a state park

SPRINGFIELD– Illinois currently hasno federally recognized tribal land within its borders, but that could change in the coming months.

A billpendingin the General Assembly this year would give back roughly 1,500 acres of park land in DeKalb County to the Prairie Band Potawatomi Nation. That tribe onceoccupied much of the Great Lakes region but was forcibly removed in the 19th century and is now headquartered in northeast Kansas.

“The PrairieBand Potawatomi Nation is grateful, and after 170 years, we may finally be on the path to getting this issue resolved,” tribal chairmanJoseph “Zeke”Rupnicksaid during a recent Statehouse news conference.

The land in question makes up what is now ShabbonaLake State Park, locatedabout30 miles west of Aurora on U.S. Highway 30. The park is named after Chief Shab-eh-nay of the Prairie Band Potawatomi, a directancestor of Rupnick.

AsRupnick tells the history,the land that nowmakesup the park wasset aside for Shab-eh-nay and his descendants in 1829 as part of the Treatyof Prairiedu Chien.The following year, President Andrew Jackson signed the Indian Removal Act, which gave

pending in the Illinois Court of Claims, according to the National Registry of Exonerations.

Gutman said while other states that have upped their pay structures have applied the changes retroactively, Illinois would face a unique challenge in doing so because almost 400 claimants have received compensation over the years.

Louisiana, which has almost 90 exonerees, changed its pay structure in 2022. The legislature addressed equity by allowing prior exonereesone yeartoapplyforsupplemental payat the new rate.

A rigid $50,000 per year would not only be a significant change in pay but a shift of power from the court of claims. Under current law, thecourt ofclaims hasdiscretionover the award, only up to the stated limits.

While Tepfer said the court of claims can be “often very generous” within the parameters of the law, it’s ultimately the statutory limits that make the current law unfair. He is supportive of the proposed change.

“It will up what they receive, and I think that’s warranted. I mean, $50,000, that’s a pret-

the presidentauthorityto grantlandwest of the Mississippito Native Americans in exchange for givingup their tribal lands in the east.

In1833, the Potawatomi signed the Treaty of Chicagoin which they ceded nearly all theirlandalong the western shore of Lake Michigan – all except the roughly two square miles reserved for them by the Treaty of Prairie du Chien.

From there, the PrairieBand Potawatomi splintered, with some moving to Canada and others moving west to Missouriand Kansas. Inthe 1840s,with money they received for ceding their land in Illinois,the Potawatomi bought a 30-by-30-mile reservation in Kansas, about 30 miles north of what is now Topeka.

But Chief Shab-eh-nayandabout 20 to 30 other members of his extended family stayed behindon theirland inIllinois. That is, until about 1850, when Shab-eh-nay took a tripwest to check in with the rest of the tribein Kansas to make sure they were settling in.

“Of course, you couldn’t make that drive like you canin eight hours today,”Rupnick said in an interview.

Traveling by horseback or wagon,Rupnick said, Shab-eh-nay was gone from Illinois for several weeks.

“Oncehe gotback here (to Illinois), that’s when he discovered that people were living

ty small amount annually…that doesn’t even account for all the mental anguish and time away from family,” he said.

Lauren Kaeseberg, co-director of the Illinois Innocence Project and someone who represented Beals, said raising exoneree pay is about doing what is right. She and Beals spent a week in January in Springfield speaking to lawmakers about challenges exonerees face.

“The state is acknowledging that ‘We got this wrongandhereisthisamountofmoneythat’s going to compensate you for the time that youweretakenandheldcaptiveforallthose years,’” Kaeseberg said. “We need to compensate people at an amount that is respectful and that acknowledges their worth.”

Other avenues

Those seeking compensation beyond what the court of claims can offer also have the right to sue in civil court. Likely due to the restrictive nature of Illinois’ compensation structure, 473exonereeshavefiledcivilclaims for damages compared to 404 who have filed di-

in his house,”Rupnick said. “They actually picked up his house and moved it to another location, and people were living in it.He tried to fight that through the court systems. They told him that he had abandonedhis land, that the General Land Of fice had sold all of his land because he abandoned it. And they allowed thesettlers and whoever elsetolive there.”

In the 170 years since that event, the Prairie Band Potawatomi have had no official presence in Illinois, but they now hopeto reassert their claims.

In recent years, Rupnick said, the tribehas purchased 128 acresand two homesonthe original reservation, and they are seeking to acquire the rest of the propertythrough a combination of state and federal legislation.

In the General Assembly, House Bill 4718, byRep. Mark Walker, D-Arlington Heights, would give them title to property currently occupied by Shabbona LakeStatePark,much of which coversthe tribe’s originalreservation. But other parts of the reservation are now occupied by private homes, the titles to which Rupnick says are clouded due to the treaty disputes.

“Right now,if you did a title search,and you had a house that was withinthe boundaries ofthatreservation,thattitle search would come back and say that sale is subject

rect claims through state law.

Still, exonerees interested in receiving pay outside of the court of claims face a more onerousprocessthatcandragonforyearsand requires a higher burden of proof. These suits usually take place in federal court and often focus on allegations of misconduct, rather than compensating exonerees for time unjustly served. Awards are usually paid out by taxpayers through the parties named responsible, such as county or city police department. Some municipalities, including Chicago, have wrongful conviction insurance to cover parts of the payout.

But less than half of all U.S. plaintiffs who have been wrongfully convicted and sought pay have received any compensation, according to the National Registry of Exonerations. In Illinois, civil suits have a far lower success rate than statutory claims. Most exonerees that seek pay from the court of claims receive it, but only about 30 percent of all Illinois exonerees who filed cases in civil court have won them.

Illinois faces a backlog with almost 279 pending wrongful conviction civil cases, nearly

to the concurrence of Shab-eh-nayand/orhis descendants,” he said.

To clear up those claims, Rupnick said, the tribe has proposed federal legislation that wouldallow the current occupants of those homes to keep those properties, and even to pass them on to theirdescendants. But if those homeowners ever choose to sell their property,the federal legislation would give the tribe a right of first refusal to purchase it.

That legislation is being cosponsored by U.S. Sens. Dick Durban, D-Illinois, and Jerry Moran, R-Kansas, but so far has not received any traction.

Just what the tribe intends to do with the land if it’s successful in reacquiring it remainsan openquestion. In Kansas, the tribe owns and operates a successful hotel and casino operation, but Rupnick said such a plan is notcurrentlyunder consideration in Illinois.

“We get askedthat questionquitea bit,” he said, “because 30 years ago, when we were tryingto settle thislandissue, there wasn’t much gaming in Illinois. Now, I think the market is oversaturated.”

“Our first priorityis to secure the land,” he added.“And that has always been the priority since I’ve been elected,to make sure that we have the landissuesettled. Once that happens, then we can look at other options.”

seven times more than the next closest state, New York at 41.

But with an average payout of more than $5.5 million, the 123 successful civil claimants in Illinois received millions of dollars beyond what the court of claims could pay out.

Brian Beals is still waiting to see the outcome of HB 1015 before making any claims of his own.

He should have no problems obtaining a certificate of innocence since the Cook County State Attorney’s Office issued a celebratory news release the day Beals was released. But Kaeseberg said that is not thesameforallcounties orcases.Someprosecutors, she said,would prefer to not have a case they litigated result in an incorrect verdict.

For now, Beals said he is trying to understand technology’s many advances but is happy to be spending time with family during what has been a “surreal” couple of months.

“I had three generations of family with me on Christmas Day and I’m very fortunate to have that experience, my first Christmas at home in 35 years,” Beals said. “I’m catching up.”

Village Free Press, March 6, 2024 19 vfpress.news

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