The City of Naperville's ordinance requiring developers to donate park and school sites or cash instead of land was upheld by the State Supreme Court on Wednesday (October 5). The Supreme Court ruling affirms a 1974 DuPage County Circuit Court decision and a 1976 decision by the Appellate Court of the Second Judicial District.

Naperville adopted the ordinance in 1971 to cope with a rapid population increase due principally to the develment of vacant land within the City's jurisdiction.

The City, in cooperation with the Naperville Park District and School Districts 203 and 204, adopted a formula which provides that a minimum of 5.5 acres of land for each 1,000 persons be devoted to park and recreational purposes and that school land be donated dependent on the number of school children generated in a new subdivision. Cash can be donated instead of land.

As a result of this ordinance, Naperville has received or has committed land donations and cash totaling more than $12,300,000.

Almost 400 acres of parks have been donated which, combined with cash donations, total $6,057,000. Cash donations to benefit the School Districts total $648,151 with an additional $311,962 committed. Acreage either actually given or committed for school sites totals 352.66. At $15,000 per acre this has a cash value of $5,289,900.

Thirty parks or small sections of park have been donated and 15 different school sites or parts of sites have been given under the provisions of the ordinance. The new Scott elementary school on Naper Boulevard in Naper Carriage Hill is an example of a school built on a site of 11.6 acres which has been donated under the ordinance and the Wil-O-Way Park and Pembroke Greens Park are two parks of 9% and 8% acres respectively which have been built on donated land.

Naperville City Attorney Marvin J. Glink and his brother Ronald defended the City in the winning court battle. Developers in the suit were O. L. Krughoff and James Krughoff, co-partners doing business as the K Company; Paul W. Hoffman; Harold Moser; Oliver-Hoffman Corp.; The Macom Corp., and the Home Builders of Greater Chicago.

Costs for the case which totaled approximately $48,725 were paid on a cost sharing basis with the City of Naperville paying 30%; the Naperville Park District, 30%, and School Districts 203 and 204, 40%.

More than 100 other municipalities, school districts and park districts in Illinois also donated to the Park School Land Defense Fund. Other municipalities have adopted similar ordinances or plan to do so now that the legality of Naperville's ordinance has been tested in court.

Illinois Parks and Recreation 22 November/December, 1977