Jean Nakaerts says her late parents, Eugene and Marian Stevenson, intended for a plot of land donated to the City of Marseilles in 1972 to become a place for children to play. Instead, more than 50 years later, a cell phone tower sits on the property, and no playground has been built.
"My dad strongly believed in community service and giving back to your community," Nakaerts said.
Standing on the property in question, Nakaerts said the land was meant to benefit local children.
ABC7 I-Team Consumer Investigator Jason Knowles asked, "This is the land you envisioned a playground?"
Nakaerts said, "Yes, this is a land my dad donated for the kids... I'd like to see a basketball court. You could put pickleball in there, you could put tennis, you could fence it in. The kids would love it."
A short distance away is a public playground named after her family. Nakaerts said city officials have pointed to that park as a replacement for the original plans, but she disagrees.
Nakaerts showed documents she says support her family's position, including a deed in which her father and his friends donated the property to the city. The deed states that the "property shall be used by the city of Marseilles, Illinois for public purposes and at no time shall be sold."
While the deed does not specifically mention a playground, Nakaerts said her family's wishes were made clear at the time of the donation. She also pointed to a 2009 city ordinance stating that "a playground shall be established" on the property. Local newspaper reports documented those developments.
The ordinance further stated that most of the revenue generated by a cell phone tower on the site would be used to develop the park.
"It's a veteran who's giving to the youth. Why aren't you fulfilling that? I see no reason why they didn't. I'd like to hear from them. Why?" Nakaerts said.
Some residents also say they would like to see the project move forward.
"Seeing all the kids play that would be amazing," resident Sadie Geary said. "A lot of people were looking forward to it. So, I think they should do it."
Knowles went into the offices of the City of Marseilles to see if the mayor, Jim Hollenback, wanted to talk about the decades-long dispute. After several weeks of inquiries, an attorney representing the City of Marseilles responded to questions about the dispute.
The attorney stated that the deed contains no reference to a park and said, "The City clearly continues to meet the public purpose requirement" through a functioning well, water tower and water treatment facility located on the property. The attorney also stated that construction of a park would "not be feasible."
Regarding the 2009 ordinance, the city said there is no record that a required change to the deed was made by the family after the ordinance passed. Because that condition was not met, city officials said the ordinance was never implemented.
The city also said revenue from the cell tower lease was used to develop the playground located down the street. Nakaerts said she remains unconvinced.
"I don't see the logic. And I'm hoping this helps us create my dad's wishes, because I don't see any reason why it hasn't been fulfilled," Nakaerts said.
Nakaerts has retained an attorney and said she may file a lawsuit. According to the deed, ownership of the property would revert to the grantors' heirs in the event of a breach.
Asked whether she wants the land returned to her family, Nakaerts said her goal is different.
Knowles asked, "Do you want it back?"
Nakaerts responded, "I don't want it back. I want a playground. I want the money to go in for the youth."
City documents show the cell tower lease on the property has generated more than $250,000 in revenue in recent years. Nakaerts and her family say they still hope future revenue from the site will eventually be used to develop a park on the land surrounding the tower, but city officials have indicated they do not plan to change course.