TRANSMITTAL LETTER FOR BOARD MEETING OF NOVEMBER 21, 2024
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. Wendell Poole, et al., Case No. 21L050123 in the Circuit Court of Cook County, Illinois, for final just compensation in the amount of $85,000.00, Account 501-50000-667330, Stormwater Management Fund
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Dear Sir:
On November 18, 2021, the Board of Commissioners (“Board”) authorized preliminary just compensation in the amount of $37,000.00 to acquire a portion of the real estate commonly known as 3040 West 136th Street in Robbins, Illinois, in the eminent domain lawsuit entitled The Metropolitan Water Reclamation District of Greater Chicago v. Wendell Poole, et al., Case No. 21L050123 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 title to the District for 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 met for a settlement conference before Judge John A. Simon on November 1, 2024. As a result of the settlement conference, the parties reached a proposed agreement to settle this matter for final just compensation of $85,000.00, subject to the Board’s approval.
The District has already deposited $37,000.00 with the Cook County Treasurer, so the difference of $48,000.00 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 than the preliminary just compensation award. In addition, this final settlement amount includes compensation for the relocation costs that the owner would be entitled to under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act (“URA”). To accommodate the Project, the owner needed to move vehicles, materials, and other personal property associated with his junkyard business.
It is the opinion of the General Counsel and Special Counsel, Neal & Leroy, LLC, that the amount of $85,000.00 is within the range of value for the property and for relocation costs based on the appraisals obtained by the District (Smedmore Bernard, MAI) and by the property owner (Mark T. Saleh, MAI). In addition, final settlement of this matter will save the District substantial fees and costs that would otherwise be required to proceed to 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. Wendell Poole, et al., Case No. 21L050123 in the Circuit Court of Cook County, Illinois, in the amount of $85,000.00.
2. That the General Counsel be authorized and directed to execute and deliver the Settlement Agreement and Final Judgment Order, and take such other actions as may be necessary to effectuate said settlement.
Requested, Susan T. Morakalis, General Counsel and Catherine A. O’Connor, Director of Engineering; STM:CAO:BJD:vp
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 November 21, 2024
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