A judge has asked the DuPage Housing Authority and the DuPage County Forest Preserve District to simplify their numerous complaints against the village of Oak Brook for denying a text amendment and special-use permit needed to convert the St. Paschal Friary into an assisted-living facility.

United States District Court Judge James Zagel requested the simplification Sept. 3. The housing authority and forest preserve officials responded to the request this week and the village will have until Wednesday, Oct. 1, to respond to the complaints, said Mike Roth, attorney for the housing authority.

The parties will appear in court again later in October, he added.

"The pleading standards are a little different in state court than federal court," Roth said. "The state usually wants more detail and the judge now wants to cut to the chase. He feels that paring down the case will make it easier to hear."

In March, the housing authority and forest preserve officials filed allegations in federal court claiming Oak Brook officials violated the Americans With Disabilities Act and the Fair Housing Act by not allowing the housing authority to offer the opportunity to provide affordable and assisted-living facilities within the village.

In August 2002, Oak Brook trustees voted against the text amendments and special-use permits that housing authority officials needed to transform the friary into a 93-unit assisted-living facility. Of those units, 10 were intended to be for affordable housing under the housing authority's plan.

The forest preserve sold the property to the housing authority for $1 contingent upon the housing authority gaining the required permits from Oak Brook. Because the village denied the housing authority's plan, forest preserve officials claim the village is preventing the district from shedding surplus property.

Housing authority and forest officials are seeking legal action to force Oak Brook to approve the housing plan and needed zoning changes for the project. And, officials want Oak Brook to pay their legal fees regarding the lawsuit.

"Our complains are no different than before. We're not eliminating anything, just simplifying the language," Roth said. "We'll be happy to streamline the complaint if that will help (the judge) get to the issues and address our complaints."

Mark Daniel, the attorney representing the village in this case, did not return phone calls to The Doings.

Oak Brook threatened Friday to seek a restraining order against the DuPage County Forest Preserve District, charging its work at the Peabody Mansion in the Mayslake Forest Preserve violates village zoning and storm-water management ordinances.

The village has issued a cease-and-desist order and is prepared to seek a temporary restraining order in DuPage County court if the Forest Preserve District resumes grading the land, removing trees or any other questionable work, said Oak Brook Village Manager Rick Boehm.

"We'll be watching," he said. "Should they continue on and try to push it, our attorneys have been instructed to take it to the next level."

Forest Preserve District spokesman Bill Weidner said last Friday that the district's attorneys were looking into the matter but did not believe the work violated any ordinances.

"We question that we would need permits for work done within our own property boundaries," Weidner said.

The forest preserve began cutting down trees Wednesday, the same day Ross Hill, a district project engineer, wrote a letter to Oak Brook village engineer Dale Durfey. In the letter, Hill said the forest preserve had awarded a $1 million construction contract Aug. 19 to R.W. Dunteman Co. and had authorized the contractor to proceed with work at the site, 1717 Oak Brook Rd.

The work included tree removal, erecting temporary chain-link fences and a perimeter erosion barrier. The work does not "involve significant ground-disturbing activities," Hill said. The forest district bought the 82-year-old mansion in 1992 after voters approved a $17.5 million proposal to save it from development. The district has spent at least $3.6 million restoring it, hoping to use it eventually for tours, public gatherings and performances. The agency wants to expand the special use designation at the property to 46.4 acres from 3.3 acres. The Village Board has refused, telling the district it first must provide proof that the Illinois Historic Preservation Agency has approved the work.