Winnetka resident strikes deal to have trespassing charge dropped

A Winnetka resident has reached a tentative agreement in court to have a trespassing charge stemming from an incident at billionaire Justin Ishbia’s property dropped.

Ted Wynnychenko appeared before Cook County Circuit Court Judge Michele Gemski on July 22 at the Skokie Courthouse and agreed to submit a letter promising not to enter the construction site at 205 Sheridan Road while construction is ongoing and fencing is in place.

The letter needs to be submitted to the court by Aug. 22 and agreed upon by all parties.

The village has not responded to requests to confirm where the agreement originated.

Katie Stevens, another fierce activist, said she sees the potential dismissal of the case as a positive step forward.

“They did the right thing by agreeing to dismiss Ted’s citation,” she said. “The right to walk on our public land per the public trust doctrine still stands.”

Charges originated from a June 9 incident where Wynnychenko, who has been a fierce advocate for public beach access across the village, allegedly entered private property immediately south of Centennial Beach. He admitted entering a fenced-in area to police but argues the fence is in place illegally and the beach beyond it is public land.

“I’m walking from state land to state land,” Wynnychenko told Pioneer Press. “I’m just abating a nuisance that is illegal.”

Winnetka police have been called on beachgoers before, including an incident last July when Chicago Tribune reporters were on the beach taking photos and speaking with residents. Residents have been told previously that if their feet are in the water, they are permitted to pass.

Winnetka police have refused to comment, stating they don’t speak on pending cases.

Ishbia also declined to comment on the situation.

Uproar has followed the billionaire even before he and his family move into the $43.7 million mansion he is building on the 3.7 acre property.

Issues began when the Winnetka Park District agreed in October 2020 to a land swap with Ishbia for another property he owns at 261 Sheridan Road. The property sits between Elder Lane and Centennial beaches, preventing the Park District from combining the two and completing a decades-long dream. The land swap has remained dormant since last year with both sides arguing the other has not completed their end of the bargain, and a lawsuit filed against the Park District by resident Robert Schreisheim has stalled the process.

The village has also passed legislation to limit lot consolidation and what can be built along lakefront bluffs in response to Ishbia’s property. Lakefront property owners have filed a lawsuit against the village stating the ordinance negatively impacts property values.

Wynnychenko believes the citation is an attempt to make others afraid to enter what he believes is public land, calling it a breach of public trust doctrine. This states that the land underneath the lake is public land and held in trust by the government for the use of residents.

“I think they’re doing it because they want to establish that this is going to be a private beach,” he previously stated. “They’re trying to grab state land for private things. They’re trying to keep people away and they’re trying to make people scared that if they do that they’ll be in trouble.”

Both the Schriesheim lawsuit and Wynnychenko’s case go before judges again on Aug. 22.

Originally Published: July 26, 2024 at 4:32 p.m.