R-98-05RESOLUTION NO. R -98 -05
RESOLUTION REGARDING SETTLEMENT FOR PROPERTY
AT 629 DEERFIELD ROAD
WHEREAS, in December, 1996, the Village of Deerfield filed a condemnation
lawsuit to acquire the property formerly occupied by Treasures & Trash at 629 Deerfield
Road, Deerfield, Illinois; and
WHEREAS, the owner challenged the right of the Village to exercise its
condemnation power to acquire immediate Title to those lands by "quick- take" powers; and
WHEREAS, in April, 1997, a hearing was held in the Circuit Court of Lake
County, Illinois and the trial judge ruled that the Village did have the power to acquire the
property by condemnation, and also authorized the acquisition of the property through "quick -
take" procedures; and
WHEREAS, in May, 1997, the Village Board authorized the payment of
$460,000, established by the trial judge as preliminary just compensation, pending a further
trial by jury to determine the actual value to be paid the owner of this property; and
WHEREAS, in January, 1998, the Appellate Court affirmed the right of the
Village to acquire the property for downtown redevelopment through its "quick- take" powers;
and
WHEREAS, the Village and the owner, Leo Chicca, have now reached a
settlement on the just compensation of the property without incurring further court costs.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD:
SECTION That the final just compensation to be paid to Leo Chicca for
ONE: property at 629 Deerfield Road is $435,000.
SECTION That the Village will be refunded the sum of $25,000 by Leo
TWO: Chicca as a result of the settlement reached between the parties.
SECTION That the Village Manager and Special Counsel be authorized to
THREE: settle the condemnation lawsuit as herein provided.
RESOLUTION NO. R -98 -05
RESOLUTION REGARDING SETTLEMENT FOR PROPERTY
AT 629 DEERFIELD ROAD
AYES: Ehlers, Rosenthal, Seidman, Swartz (4)
NAYS: None (0)
ABSENT: Heuberger, Swanson (2)
PASSED this 17th day of February A.D., 1998
APPROVED this 17th day of February A.D., 1998
W�ge President
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ATTEST:
Vil e Clerk