R-00-01y
RESOLUTION NO. R- o o- 01
RESOLUTION APPROVING
FINAL JUDGMENT ORDER
WHEREAS, the Village of Deerfield is authorized to acquire real estate, including
the right to exercise eminent domain if necessary, for the purpose of acquiring real estate
for downtown redevelopment purposes pursuant to the provisions of 5/1 -61 -1 and 5/11-
74.4-4 of Chapter 65 of the 1996 Compiled Statutes; and
WHEREAS, by Ordinance No. 0- 98 -07, the Village of Deerfield authorized the
acquisition of certain real estate within the southwest quadrant of the Village Center Project
Area for the purposes of downtown redevelopment; and
WHEREAS, pursuant to Ordinance No. 0- 98 -07, an action in eminent domain was
filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -07 and commonly
known as 700 -702 Osterman Avenue, Deerfield, Illinois (Transformations); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. Hauri, No. 99 ED 2 (hereinafter "litigation ");
and
WHEREAS, the trial court determined the amount of preliminary just compensation
to be $592,750, and the Village had deposited the amount of this preliminary just
compensation with the County Treasurer and has been vested with fee simple title to this
property; and
WHEREAS, the President and Board of Trustees of the Village of Deerfield had
previously authorized special counsel for the Village of Deerfield, Joseph T. Morrison, to
take such other actions as may be required in the litigation to determine the final amount
of just compensation; and
WHEREAS, a jury trial was held to determine the final amount of just compensation,
and the jury has determined the final amount of just compensation to be paid the owners
for the taking of their property to be $526,369.21, and a judgment order has been entered
accordingly; and
WHEREAS, the amount of final just compensation is within the range of evidence
presented at the time of trial.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OFTHEVILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION The terms and conditions of the judgment order entered on
ONE: January 6, 2000, a copy of which is attached hereto as
Exhibit A, are acceptable to the Village of Deerfield and the
Village of Deerfield shall take no further steps to appeal from
or otherwise contest the final amount of just compensation in
this matter.
SECTION Special counsel for the Village of Deerfield, Joseph T.
TWO: Morrison, is hereby authorized and directed to obtain a
refund of the amount of excess preliminary just
compensation of $66,380.79, and is authorized to take any
other further steps as may be necessary to finally conclude
this matter.
AYES: Harris, Heuberger, Ragona, Rosenthal, Seiden, Swanson (6)
NAYS: None (0 )
ABSENT: None (0 )
PASSED this LatiOay of January , 2000.
APPROVED this 18tlday of January , 2000.
Village President
Vill e Clerk
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I
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
No. 99 ED 2
JOANNE C. HAURI, individually and d /b /a )
TRANSFORMATIONS HAIR SALON; )
TRANSFORMATIONS HAIR SALON; )
DEERFIELD FEDERAL SAVINGS & LOAN)
ASSOCIATION, Mortgagee under Mort- )
gage dated December 7, 1993 and )
recorded as Document No. 3452033; )
BART'S BARBER SHOP; E'LAN; )
OPTIONS BOUTIQUE, and UNKNOWN )
OWNERS,
Defendants. )
JUDGMENT ORDER
�c11�
THIS CAUSE coming on to be heard for jury trial on the Complaint of the Plaintiff,
VILLAGE OF DEERFIELD, to ascertain the final amount of just compensation due for the
taking of certain property as set forth in the Complaint to Condemn; and the Plaintiff
appearing by Joseph T. Morrison of Morrison & Morrison, P.C., and the Defendants,
JOANNE C. HAURI, individually and d /b /a TRANSFORMATIONS HAIR SALON and
TRANSFORMATIONS HAIR SALON, having appeared by its attorneys, Glenn Seiden of
Glenn Seiden and Associates, P.C.;
And it appearing to the Court that an order was entered on April 20, 1999, granting
the Motion of the Plaintiff for Immediate Vesting of Title, and establishing a preliminary
amount of just compensation due the Defendants in the amount of $592,750.00; and
m!BR_,
Whereas, it appears that the Plaintiff deposited the amount of preliminary just
compensation and an order was entered vesting fee simple title in the Plaintiff on August
11, 1999; and
Whereas, pursuant to 735 ILCS 5/7 -103, et al., this proceeding continued to pend
to determine the final amount of just compensation due the Defendants for the taking of
their property; and
Whereas, a jury was selected in the trial of this cause, and after a view of the
premises, hearing the evidence and testimony in this matter, and being duly instructed in
the law, the jury returned a verdict as follows:
"We, the Jury, find the just compensation to be paid the
Defendant, JOANNE HAURI, for the taking of her property, to
be $526,369.21."
Whereas, the Defendant withdrew the amount of preliminaryjust compensation and
the Order of Withdrawal provided that the Defendant shall refund to the Clerk of the Court
any amount which exceeds the final amount of just compensation in this cause, pursuant
to 735 ILCS 5/7 -109; and
Whereas, the amount of preliminary just compensation exceeded the amount of final
just compensation in the amount of $66,380.79;
And the Court being fully advised in the premises:
IT IS THEREFORE ORDERED that:
1. Pursuant to the jury verdict in this cause, the sum of $526,369.21 constitutes
the full and complete just compensation to be paid the owner or owners of,
and party or parties interested in the real property described in the Complaint
to Condemn for the taking thereof by the Plaintiff of the fee simple title
thereto, and judgment is herein entered accordingly.
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2. It appearing to the Court that the preliminary amount of just compensation
has exceeded the amount of final just compensation, and therefore, pursuant
to 735 ILCS 5/7 -109, the Defendant, JOANNE HAURI, is hereby ordered to
refund to the Clerk of the Circuit Court of Lake County, Illinois, the sum of
$66,380.79, within 30 days of the date of this Order.
3. In the event that the Defendant fails to refund the excess amount of
preliminary just compensation to the Clerk of the Court within 30 days, this
Court, upon motion of Plaintiff, shall enter a judgment in favor of the Plaintiff
and against the Defendant in the amount of $66,380.79, pursuant to the
requirements of 735 ILCS 5/7 -109.
4. The Order of this Court vesting fee simple title in the Plaintiff is hereby
confirmed in all respects.
5. This Court shall retain jurisdiction of this cause to enforce the terms of this
Order, and to place the Plaintiff in full, complete and quiet possession of the
aforesaid real property.
ENTERED this 6th day of January, 2000.
Order prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West St.
Waukegan, 1L 60085
847 -244 -2660
Attorney No. 6182078
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'Orr
Judge