Pistakee Yacht Club claims victory in 3-year legal fight with Johnsburg

JOHNSBURG, Ill. - After almost three years in court, including a bench trial, the legal fight between the Village of Johnsburg and the Pistakee Yacht Club appears to be over, after the judge gave a mixed ruling. 

What we know:

The yacht club calls it a victory after Judge Kevin Costello ruled it can keep and park boats and trailers on its backlot during boating season. However, Costello ruled the club cannot maintain boats or trailers in open outdoor storage on the backlot from November 1 through April 30. The yacht club's commodore calls the decision a victory. The village has not yet provided Fox Chicago with a response to the ruling.

The dispute began in 2023 after the village notified the yacht club that boat storage on the property violated local zoning rules. Village President Edwin Hettermann previously said complaints prompted the village's investigation and that officials found the property overgrown, with debris and boats, including some the village described as dilapidated. The village also said the club was using the property for open boat storage and charging fees for that service.

In a July letter to residents, Hettermann said the village supported the yacht club and sailing school and did not intend to shut them down. He said the village had spent more than three years trying to resolve the dispute outside of court. The yacht club disputed the village's interpretation of the property's zoning and the 1970 McHenry County variance.

"This has been a very trying three years. I don't really know why the village did what they did. And I don't know why it went on as long as it went," said Mark Hoffman, commodore of the Pistakee Yacht Club.

The case ultimately went to trial August 31 through September 4. Costello's September 15 ruling draws a distinction between the club's original property and the backlot.

The ruling

Dig deeper:

For the original lakefront property, the judge found the yacht club has a lawful prior nonconforming use dating back to before zoning regulations applied to the property. That includes the historical parking, keeping and storage of boats and trailers associated with the yacht club. The judge also ruled the village cannot treat those historical boat-related activities as unlawful simply because the property is currently zoned residential.

On the backlot, the judge found the 1970 zoning variation remains valid. That means the yacht club can use the backlot for private-club parking and recreational purposes. And during boating season — May 1 through October 31 — the club can openly park, keep and maintain qualifying boats and trailers there.

The ruling specifically says there is no numerical limit on those in-season boats and trailers, as long as they remain associated with bona fide yacht club and recreational activities.

"We consider this a victory," said Hoffman. 

But there is an important restriction. Starting November 1, the club cannot maintain boats or boat trailers in open outdoor storage on the backlot through April 30. The judge did not prohibit a future storage facility. The ruling says storage can take place in a facility authorized by the 1970 variation and otherwise permitted by law.

"The judge did give kind of a split decision because he said we can't keep boats there during the off season," added Hoffman. "I don't want to do any more litigation. I'm done with it. We spent a ton of money. We spent a lot of time. We've spent a lot, you know, blood, sweat and tears. I am pretty much done. I'll take this as a victory."

What it means for the yacht club

For members, the biggest question is what happens to their boats during the winter. While this lawsuit was happening, Fox Chicago spoke with Pistakee Yacht Club member Brian Fry, who was concerned about the future of the club if the judge ruled against them. 

"What good is a yacht club that can't have boats or boat trailers? That will end the yacht club after 129 years," said Fry.  "You'd have to take them off site, but they won't even let us keep them overnight or something is the deal, so you'd have to trailer your boat in and out. It's untenable."

But the judge's ruling actually gives the club more flexibility than the village's broader interpretation of the zoning rules. During boating season, there is no numerical limit on qualifying boats and trailers on the backlot, and the original lakefront property retains year-round boat-related use.

Residents have questioned the cost of the fight

What they're saying:

The legal battle has also generated frustration among some Johnsburg residents.

At a village board meeting on July 7, some residents questioned why the dispute had escalated into litigation.

"So I'm not understanding why our tax dollars are being spent on lawsuits, including the yacht club's money being spent on lawsuits when this should've been settled among adults in a very simple way," said Mary Beth Adams, 

Another resident praised the yacht club's role in the community.

"I found them to be nothing but good neighbors," said Rose Reichhart. "The property is well maintained. I think they do a lot of great things for the community. This children's sailing school is a fabulous thing. I also think there's nothing prettier on Sunday mornings watching the sailboats out from the lake."

The village previously said it had spent approximately $20,000 in legal expenses as of July, including nearly $6,000 connected to meetings and settlement negotiations. Hettermann also disputed claims that the village had spent hundreds of thousands of dollars. The yacht club, meanwhile, says its own legal bills have gone well into six figures.

"Way over six figures, yes," Hoffman confirmed. 

For now, Hoffman says the yacht club plans to accept the judge's decision and move forward.

"I hope that we can now settle our differences and just both sides move on. Both sides got, you know, some of what they wanted. So, let's be friends and let's keep going," said Hoffman. 

And the club says the goal is to keep the sailing tradition alive.

"I want the yacht club to continue in being that sense of community that's been for 129 years," said Fry. 

What's next:

Fox Chicago has reached out to the Village of Johnsburg for its response to Judge Costello's ruling.

This statement was issued Wednesday afternoon from Village of Johnsburg President Edwin Hettermann: 

"The Village appreciates the court’s decision that agreed with the Village that the property is not an unlimited self-storage facility and that the storage of boats and trailers on the back lot is prohibited during the non-sailing season. It was this change to a self-storage facility that led to the complaints being made to the Village. The Village is also appreciative of the court’s ruling that the property is not to be used for storage of non-boating items which have led to complaints from its neighbors in the past. We are hopeful that the Yacht Club adheres to the court’s ruling in the future and in the spirit of being a good neighbor in the community."

 Hettermann previously declined an on-camera interview while the litigation was pending. In his July statement, he said the village's position was that it had a responsibility to enforce its ordinances and protect residents from what it considered improper use of the property.  

McHenry CountyNews