Winnetka resident Ted Wynnychenko, who has been vocally outspoken about public beach access, was cited for allegedly trespassing on the property of billionaire Justin Ishbia last month, according to Winnetka police.
The 3.7-acre property at 205 Sheridan Road has caused uproar in the village for years following a 2020 land swap deal between Ishbia and the Winnetka Park District for another swath of land he owns between Elder Lane and Centennial Beaches. The swap would see Ishbia receive a similar-sized parcel at the south edge of Centennial for the property at 261 Sheridan Road. The Park District could realize a decades-long dream of combining the two beaches if the land swap is realized.
The village has also instituted an ordinance on maximum lot consolidations and another limiting what can be built on the lake bluffs in response to residents’ concerns about the Ishbia property. A lawsuit has since been filed by other lakefront residents opposing the lake bluff ordinance.
According to reports from the Winnetka Police Department, an officer responded to a call made by Kyle Jensen, the project manager working on the construction of Ishbia’s sprawling $43.7 million mansion, who stated he was reviewing security footage of the site and saw Wynnychenko walking across the beach after breaching a fence placed across the sand. Police said footage showed Wynnychenko walking around the beach taking photos and measurements for about an hour beginning around 3 p.m. on June 9.
David Williams, a representative of Ishbia’s who has spoken at several Winnetka Park District meetings, is also listed as a complainant on the report.
When police came to Wynnychenko’s residence to issue the citation on June 20, Wynnychenko refused to sign it. He is facing a fine of up to $750 for the incident and is expected before a judge on July 22 at the Skokie Courthouse. There is no penalty for not signing the complaint but police told Wynnychenko it would be reflected in court.
Wynnychenko argues the beach is public property and Ishbia shouldn’t be permitted to place fencing on the sand. The police report states there is construction equipment on the beach. When Wynnychenko went into the police station on June 21 to view the video, he admitted entering Ishbia’s property through the fence.
Wynnychenko stated he asked police several times at what point in the video he was on private land, to which he said he was given no answer. In his opinion, he doesn’t believe he was ever on private land, meaning Ishbia has no standing to file the complaint or place fencing to obstruct people from walking.
“I’m walking from state land to state land,” he said. “I’m just abating a nuisance that is illegal.”
Winnetka police have been called multiple times when residents have walked along this stretch of beach, including an instance last summer when Chicago Tribune journalists were on site to take photos and speak with residents.
Mary Garrison, a former Winnetka Park District commissioner, right, sits on a seawall and chats with Winnetka Police officers while watching construction on Justin Ishbia lakefront property in Winnetka on Wednesday, July 19, 2023. Since construction started earlier this summer, nearly all of the trees have been clearcut and the bluff has been taken down. The property was once three separate homes. It is now 3.7 acres. (Stacey Wescott/Chicago Tribune)
Police in the past have assured residents they can walk along the beach but should “keep their feet wet” to remain on public property. Wynnychenko said where he walked had mostly been under water but any areas he ventured onto that were dry had previously been underwater before Ishbia brought in fill sand.
He cites that created land made along the lakefront is considered public by the state according to Public Trust Doctrine. This states the land under Lake Michigan is held in trust by the government for the enjoyment of the people of Illinois.
Renee Snow, general counsel for the Illinois Department of Natural Resources, stated in an email to Wynnychenko that the public has a general right to access of the lake while Ishbia has a specific right to construct what has been permitted by the IDNR.
“The Department’s permitting process is present to ensure that the permitted activity of a Permitee in public waters, such as Lake Michigan, does not unduly interfere with the reasonable access and use of the water by the Public. The other side of this standard is that the Public cannot unduly interfere with the reasonable access and use of the water by a Permitee,” read Snow’s email.
Winnekta Deputy Police Chief Dylan Majcher said the department doesn’t comment on pending court cases.
Wynnychenko worries his citation is being used as a scare tactic to illegally keep people off of public land.
“I think they’re doing it because they want to establish that this is going to be a private beach,” he said. “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.”
Ishbia had not responded for requests for comment as on Monday afternoon.
