Judge: For now, Divvy bike rack stays outside Lake View condo
BY ART GOLAB Staff Reporter August 23, 2013 8:16PM
Updated: September 25, 2013 6:12AM
For now, bike rental customers can continue using the Divvy bike rack stationed outside a Lake View apartment building, a judge ruled Friday.
The condo association at 3565 N. Pine Grove wants the Divvy rack and its sky-blue bikes gone and filed a suit seeking relocation of the station.
The suit also requested an emergency order shutting the rack down, claiming the city had not given enough notice before installing it.
But Cook County Circuit Court Judge Kathleen Kennedy said the association did not prove it had a right to advance notice. She denied the emergency request, but allowed the suit to continue.
Attorney David F. Kolin, a resident of the three-unit condo who filed the suit, would only say that he was “very disappointed” in the ruling.
Among the suit’s complaints were that the bike station diminished parking and brought “traffic of strangers to the front door at all hours of the day or night.”
In a legal response, a city attorney wrote that the Divvy station was installed on the public way and a “private landowner has no reasonable expectation that use of the public way adjoining his or her property will only be used during certain hours or by members of the public who are known to the landowner.”
But after the ruling, the city offered a sliver of hope to residents and businesses upset by the placement of Divvy racks.
It said in a statement that the Department of Transportation is “sympathetic to concerns like those raised by this condominium association,” and will conduct “a holistic review of station placement based on complaints and usage statistics once the current phase of installation is completed in mid-September.”