Business owner sues Calumet City for reversal of gas station approval, alleges racism

A gas station entrepreneur is suing Calumet City for a vote he says reneged on an approved deal to allow him to build on a vacant lot, challenging the vote as “procedurally invalid” and illogical.

Mohammed Abdallah received a unanimous recommendation in September from the Zoning Board of Appeals to develop a gas station on property he purchased at 473 Burnham Ave. The City Council approved the plans Sept. 11 by a 3-2 vote and two alderman voting present, according to the meeting minutes cited in the lawsuit. City officials indicated the development would move forward and Mayor Thaddeus Jones offered congratulations, according to the lawsuit and interviews with Abdallah.

“Everything went, like, really so smooth,” Abdallah said Thursday. “Even the aldermen were really so excited about it. So I was under the impression this 100% was going to go through.”

Abdallah left the meeting, but the lawsuit alleges aldermen then went into a closed session, though the reason is not given in the meeting minutes.

When they came out, 3rd Ward Ald. DeAndre Tillman made a motion to reconsider the development at a Sept. 14 meeting, and five aldermen voted to approve her motion. The lawsuit alleges, and the minutes of the Sept. 11 meeting show, that no alderman seconded Tillman’s motion.

The vacant lot at 473 Burnham Ave., in Calumet City is the subject of a lawsuit after a developer said the city improperly reversed approval of a gas station. (Hank Sanders/Daily Southtown)

Dan Shapiro, Abdallah’s attorney, said because of the lack of a second, the vote is “null and void” and the original approval should stand.

The lawsuit also alleges the reconsideration was made with “no basis, findings of fact, or reasons.”

Abdallah is also asking for Calumet City to cover his legal fees which he said are in the six figures, and any other relief the court “deems just and proper.”

The city is asking for the lawsuit to be dismissed, arguing Abdallah lacks standing individually to file and any legal action should be by his company, 59th Property.

Abdallah, who immigrated to the U.S. from Pakistan, said he believes the change in heart from the aldermen was partially done out of racism. He felt particularly disrespected by an alderman he said was slouching in his chair and speaking in what he said was a soft, condescending tone.

“They don’t like us, people coming from different country, living the American dream and made a fortune in this country,” said Abdallah, who operates more than 20 gas stations in the Chicago area. “They are kind of really jealous of us.”

The mayor and none of the aldermen responded to requests for comment.

Rush Darwish, president of The Arab-American Business & Professional Association, has attended City Council meetings and testified on behalf of Abdallah. While he said racism is “hard to prove” and did not have any specific examples of such behavior from the aldermen, Darwish also said he thinks this reversal was discrimination.

“The belief is that this is racially motivated from the standpoint that ‘he’s the Arab, he’s the little guy, and we can do whatever we want, we can take advantage of him,’” said Darwish. “We believe the root cause is racially motivated.”

hsanders@chicagotribune.com