Opponents of Northwestern University’s controversial plan to rebuild Ryan Field filed a lawsuit against the city of Evanston on Thursday claiming some officials “cut a backroom deal” and violated the due process rights of residents when recently approving changes in zoning that will allow full-capacity concerts at the venue.

The complaint — which was filed in Cook County Circuit Court by the Evanston nonprofit Most Livable City Association and about a dozen residents from Evanston and neighboring Wilmette — seeks a declaratory judgment to invalidate the zoning changes.

An Evanston spokeswoman said the city “has yet to be served and has no comment at this time” on the lawsuit.

The Evanston City Council in late November voted 5-4 in favor of amending zoning at the project site that will permit up to six concerts a year, as well as smaller events, at the rebuilt Ryan Field. Evanston Mayor Daniel Biss cast the tiebreaking vote on the matter, which had become a contentious part of the $800 million project to reconstruct the nearly 100-year-old stadium, especially among neighbors of the site.

The lawsuit contends the project would have many adverse impacts on surrounding homeowners, including traffic congestion, parking problems, litter, public safety issues, a decrease in property values and “noise pollution at levels violating state and local laws.”

“Members of the Council who voted in favor of the (zoning) amendment and memorandum of understanding ignored this evidence. They also ignored applicable laws and rules,” the complaint said. “Instead, the proceedings revealed that Mayor Biss and certain councilmembers cut a backroom deal in which they agreed to disregard applicable laws and evidence in exchange for monetary contributions from Northwestern.”

The lawsuit specifically targets the tiebreaking vote by Biss, who “cast aside basic principles of zoning and, instead, chose to confer special advantage on the single applicant, Northwestern University,” according to the complaint.

“Our elected officials failed to follow the law and that’s why we’re bringing this suit,” the nonprofit’s president, David DeCarlo, said in a news release. “The law exists to protect us all, and it has to be applied impartially — with no exceptions for billionaires or powerful institutions.”

In commentary published in the Tribune a few days ago, Biss defended his vote, saying the project “will have a positive long-term impact on the city and its residents,” including the local economy.

“Utilization of the new stadium will bring more people into Evanston — and more revenue from nonresidents — while establishing guardrails to minimize impact on the neighborhood,” he wrote. “No town of our size sees many $800 million investments like this, particularly with a focus on local and minority and women owned businesses where Evanston residents can build careers.”

The nonprofit that filed the lawsuit has also recently launched the “Better than Biss” campaign, which seeks to help a challenger face off against the mayor in the 2025 election. Biss previously served in the Illinois Senate and Illinois House of Representatives; he ran for governor in 2018 but lost to Gov. J.B. Pritzker in the primary.

“We are currently compiling a list of the qualities and policy stances Evanston needs in a mayor,” the campaign’s website states. “Select mayoral candidates in 2025 that meet these criteria will be given campaign donations collected via this website.”

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