Sometimes, you're forced to file a lawsuit when the other side won't return your calls, or even acknowledge that your point of view exists.
FotP has always begun every statement by saying "we want the Lucas Museum to come to Chicago." They have suggested a number of alternative sites. They sent their members to attend a meeting the Park District convened to talk about the future of Burnham Park, a meeting the Park District opened by
saying they wouldn't be talking about the Lucas Museum. When the
Better Government Association held a forum regarding the subject in Nov. 2014,
the Park District and the city declined to participate.
Until the Feb. 4 memorandum opinion, the city didn't think FotP had a ghost of a chance, and therefore didn't think they had anything to trade in a negotiation. When you ask why FotP didn't offer conditions up front that would make the Burnham Park site acceptable, you're describing what's often called "negotiating with yourself." Montgomery Ward
could have begged for a water fountain on the side of the armory or post office or whatever obliterated the last blade of grass in Grant Park. We're glad he didn't.