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May 15 - Lee County, Illinois

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'°- u<br />

COpy<br />

RolfE F. EI-tRMANN<br />

GARY R. GEl-tlbACI-t<br />

DAvid W. BAdGER<br />

DouqlAs E. LEE<br />

ALSOADMITTED IN VIRGINIA<br />

AND THE DISTRICT OF COlUMBIA<br />

MEqAN G. HEEG<br />

DANA M. CONsidiNE<br />

BY HAND<br />

William O'Keefe, Chair<br />

<strong>Lee</strong> <strong>County</strong> Regional Planning Commission<br />

Old <strong>Lee</strong> <strong>County</strong> Courthouse<br />

112 E. Second St.<br />

Dixon, IL 61021<br />

Re: Stan Griffith<br />

Dear Mr. a 'Keefe:<br />

EHRMANN GEHlbACH BAdqER & LEE<br />

ATTORNEYS AT LAw<br />

COMMEnCE TOWERS, SUiTE 100<br />

P.O. Box 447<br />

2<strong>15</strong> E. FinsT STREET<br />

DixON, illiNOis 61021<br />

<strong>May</strong> 7, 2007<br />

TElEPHONE: (8<strong>15</strong>) 288A949<br />

fAcsiMilE: (8<strong>15</strong>) 288-}O68<br />

E-MAil: IEE@Eqbbl.cOM<br />

WARREN H. BAdqER<br />

1911,2005<br />

Stan Griffith has retained our office to assist him in the development of his equestrian<br />

subdivision. .I apologize for not attending your meeting this evening, but a prior commitment to<br />

participate in the executive session of tonight's meeting of the Dixon City Council prevents me from<br />

doing so.<br />

As I understand the immediate issue regarding Mr. Griffith's subdivision, concern exists as<br />

to how horses will get from the subdivision to Twist Road. As I believe the Planning Commission<br />

is aware, Mr. Griffith has explored several options for crossing the property at issue, including<br />

purchasing strips of land and obtaining easements. Unfortunately, none of these options has yet<br />

proved viable. In some instances, owners are unwilling to give up their property. In others, the<br />

owners are concerned about the liability risks associated with having horses travel across their<br />

property. While I believe the owners have exaggerated these risks, I understand their general<br />

concern.<br />

I have communicated regarding this issue with Assistant State's Attorney Andrew Bollman.<br />

I believe Mr. Bollman and I agree on three aspects ofthis problem. First, we agree that, under 625<br />

ILCS 5/11-206, riders and their horses have every right to use <strong>Illinois</strong> Route 38 and its shoulder to<br />

access Twist Road. Second, we agree that a route on private property likely would be safer than 'and<br />

preferable to a route on <strong>Illinois</strong> Route 38. Third, however, we agree that, because the route on<br />

<strong>Illinois</strong> Route 38 is available, the Planning Commission cannot use the lack of a private route to<br />

.EXHIBIT~

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