TRANSMITTAL LETTER FOR BOARD MEETING OF JUNE 16, 2022
COMMITTEE ON REAL ESTATE
Mr. Brian A. Perkovich, Executive Director
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Authority to settle the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Lopin Westchester, LLC, et al., Case No. 20L050235 in the Circuit Court of Cook County, Illinois, in the amount of $183,000.00, Account 501-50000-667330, Stormwater Management Fund
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Dear Sir:
On April 1, 2021, the Board of Commissioners (“Board”) authorized preliminary just compensation in the amount of $140,000.00 to acquire permanent and temporary easements on the property commonly known as 9855 Derby Lane in Westchester, Illinois, in the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Lopin Westchester, LLC, et al., Case No. 20L050235 in the Circuit Court of Cook County, Illinois. The preliminary just compensation award was deposited with the Cook County Treasurer and the court issued an order vesting the District with the necessary easements to construct the Project.
After the court entered the preliminary just compensation order, the District and the owner continued to negotiate regarding the final just compensation amount to settle the pending lawsuit. The parties have reached an agreement to settle this matter for final just compensation of $183,000.00. The District has already deposited $140,000.00 with the Cook County Treasurer, so the difference of $43,000.00 will be deposited upon Board approval. This settlement avoids the risk and uncertainty of a jury trial, where the final compensation award could be significantly higher or lower than the preliminary just compensation award.
It is the opinion of the General Counsel and Special Counsel, Neal & Leroy, LLC, that the amount of $183,000.00 is within the range of value for the property based on an appraisal obtained by the District (prepared by William J. Enright, MAI) and the appraisal obtained by the property owner (prepared by Mary M. Linberger, MAI). In addition, final settlement of this matter will save the District substantial fees and costs that would otherwise be required to proceed to a trial, including attorney’s fees and expert witness fees.
Accordingly, it is requested that the Executive Director recommend to the Board of Commissioners that it adopt the following orders:
1. That the District settle the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Lopin Westchester, LLC, et al., Case No. 20L050235 in the Circuit Court of Cook County, Illinois, for final just compensation in the amount of $183,000.00.
2. That the General Counsel be authorized and directed to execute and deliver the Final Judgment Order with the court and take such other actions as may be necessary to effectuate said order and to attain said property interests for the Project.
Requested, Susan T. Morakalis, General Counsel and Catherine A. O’Connor, Director of Engineering; STM:CAO:MTC:BJD:CN
Recommended, Brian A. Perkovich, Executive Director
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for June 16, 2022
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