Winnetka beachfront lawsuit is settled

After more than two years, a lawsuit accusing the Winnetka Park District of putting its public land in jeopardy is effectively no more.

The Winnetka Park Board unanimously approved on Thursday night a settlement with plaintiff and resident Robert Schriesheim that will keep Centennial Park Beach in park district hands.

In accordance with the settlement, the park district agrees not to transfer ownership of the beach to any private third party and Schriesheim agrees to drop the suit.

“Our goal is to protect the public beach along the shore of Lake Michigan,” Schriesheim said in a statement provided to The Record. “The agreement with the Winnetka Park District is a clear victory upholding the Public Trust Doctrine and ensures that public access to the beach cannot be denied and the beach cannot be given to a private party.”

Schriesheim also celebrated that as part of the deal he retains the right to “challenge future decisions that threaten to privatize precious natural resources.”

Park commissioners engaged in little discussion about the settlement agreement prior to its approval; however, according to the settlement, the park district approached Schriesheim about settling and both parties expressed a desire to avoid further costs and stress with continued litigation.

“Any time you can settle, fairly, litigation it is a benefit for all parties concerned,” said Commissioner Colleen Root, who is an attorney, on Thursday. “I see this as a successful negotiation and settlement in that the beach has been preserved. … So in a way it is a victory for the public trust.”

Commissioner Warren James agreed and said, “This is a good thing for the community.”

How we got here

Schriesheim filed an original lawsuit in October 2022 against the district and its property exchange agreement with Ishbia — an agreement that enabled the district to acquire Ishbia’s 261 Sheridan Road property between Elder and Centennial parks and give up a portion on the southern edge of Centennial. The exchange would allow the district contiguous beachfront property.

Schriesheim claimed the agreement violated the Illinois Park District Code by swapping land of unequal value and the public trust doctrine by conveying land that belongs to the public.

A year later, in October 2023, County Judge Eve Reilly dismissed the suit and, as reported by The Record, ruled the district’s land appraisals that informed the exchange agreement were fair and timely and that Schriesheim’s team failed to prove the park district acted “arbitrarily or without reason” when it swapped public-trust land.

Reilly’s dismissal did not allow for a refiling of the claims related to the appraisals; however, it kept open the possibility for adjusted claims associated with the public trust doctrine. Schriesheim followed through on his promise to refocus his lawsuit on his public-trust argument.

In May 2024, Reilly rejected the park district’s attempt to get the remaining portion of the suit dismissed.

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