Conflict of Interest Overwhelms Public Trust

Suits, appeals, administrative shenanigans--what's going on in Elmwood Township?

Actually, the answer is not that complicated. The government of Elmwood Township is in the hands of a small group of insiders, who have been remarkably successful in shaping its policies and actions. Composed of large land-owners and their allies, these insiders have one overriding agenda: to open Elmwood Township to the development that they expect will profit them, their families, and friends. The very first ruling by the Circuit Court in the Lincoln Meadows debacle hinged on the appearance of a serious conflict of interest. In addressing the business relationship between John Gallagher, then Chairman of the Elmwwod Township Planning Commission, and Stewart Investment, developers of Lincoln Meadows, the court writes that "Gallagher was vocal in his support for the project. There was perceived alliance between Gallagher and the Developer." At issue was Gallagher's purchase from Stewart Investment of 20 acres of land including a house, a transaction that took place while the Lincoln Meadows project was under review by the Planning Commission. Quite simply, the public trust was compromised by a local official in favor of his personal interests.

Since that ruling was published, many more hearings and meetings have taken place in Elmwood Township regarding land use issues and policies. Much of the protective language adopted by the Township Master Plan is being circumvented in favor of policies encouraging township-wide development, and many of the personalities involved stand to gain from that policy shift. While local officials are often called upon to work for the public trust in lieu of their own immediate gains, in this case those most likely to benefit from opening up the zoning rules are those most actively pursuing the changes. Add the Township's administrative propensity to coordinate and facilitate their legal and policy formation activities with developer applicants, their attorneys and consultants, and the whole system begins to look as though it operates for the benefit of the few.

John Gallagher still serves as a Township Trustee and is actively involved in Planning Commission business, even though is no longer on the Commission. Gallagher, the owner of large tracts of land in the Township's Agricultural/Openspace District, spearheaded the government's effort to rewrite zoning rules to accommodate more intense residential development in that district. Gallagher is often supported in his efforts by Floyd Hunt, Planning Commissioner and large-scale Township property owner. Gallagher's positions are also supported on the Township Board by large agricultural acerage holders John Stanek and Terry Lautner. The Township hired attorney Ed Roy to defend it in the second suit on Lincoln Meadows. Roy, a high-priced lawyer who specializes in defending developers, previously represented the developers of the Bahia Vista project in the Township. All the above are reliably supported by Noel Flohe, the Township Supervisor and the other members of the Township Board.

In a time where community interests and values seem to hang in the balance, private interests are making a major impact on Township policy. Looking again to the Circuit Court's first ruling on Lincoln Meadows we begin to understand the importance of its words: "The people's confidence in government cannot long be sustained if we turn a blind eye to behavior that creates an impermissible appearance of impropriety."