Nuns who were rejected in their plans for a large building development on their monastery property in McHenry County have filed a federal lawsuit seeking to reverse that decision.
Fraternite Notre Dame, a religious order based in Chicago, is resurrecting its proposal to build a winery, brewery, gift shop, boarding school and nursing home in a mostly rural area, despite its earlier rejection and widespread opposition from neighboring residents. The order’s attorneys argue it was discriminated against as a religious institution.
In September, the McHenry County Board rejected the proposal by a 20-3 vote, largely on the grounds that the property is zoned for agricultural use, not commercial or institutional uses.
The Catholic order was founded in France in 1977 and has long operated a soup kitchen, food pantry and after-school program in Chicago’s Austin neighborhood.
In 2005, the order bought 65 acres for $2.5 million near far northwest suburban Huntley in McHenry County and later acquired 30 more adjacent acres. Mostly farmland, the property also houses a chapel, bakery and living quarters for sisters, priests and friars.
Opposition to the order’s vast building expansion plans has come largely from neighbors in a subdivision across the street, as well as residents of Marengo a few miles away. Trustees in Coral Township, where the monastery is located, also recommended rejecting the proposal, though the county Zoning Board of Appeals narrowly voted in favor of it.
One of the leading opponents, Kristin Ottolino, of Marengo, said the opposition has nothing to do with discrimination. She said the concerns were with increased traffic, the potential effect on property values and presence of students who would be brought in from the troubled Austin neighborhood.
“Nobody’s against religion, for God’s sake. They should have gotten this approved before they bought the land, or they should have bought land in an industrial area,” Ottolino said, adding the plan is “not wanted here.”
Order representatives have said that the development plans are intended to expand and help fund the order’s mission.
The lawsuit states that the order has been a victim of harassment, such as in 2005 when it was vandalized with spray-painted profanities and messages such as “go away,” and this year when it was criticized for not being part of the Roman Catholic Church.
The county has allowed numerous similar projects to operate in agricultural areas, such as the county-owned Valley Hi Nursing Home in Woodstock, along with three schools, two church wineries and four religious gift shops, according to the lawsuit.
Therefore, the lawsuit claims, the rejection violates the equal protection clause of the U.S. Constitution, as well as the federal Religious Land Use and Institutionalized Persona Act, along with the Illinois Religious Freedom Restoration Act.
Federal law generally prohibits treating religious organizations differently from secular bodies, and state law prohibits government from substantially burdening someone’s exercise of religion, unless it furthers a compelling government interest and is the least restrictive means available.
Regardless of any negative views of the nuns, their attorney, James Geoly, said, “It has no bearing legally. … The government must treat them equally.”
County officials could not be reached for comment.
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