R-00-09RESOLUTION NO. R- 00 -09
RESOLUTION APPROVING
FINAL JUDGMENT ORDER (JEWEL)
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 -29, 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 -29, an action in eminent domain was
filed to acquire a certain parcel of land described in Ordinance No. 0 -98 -29 and commonly
known as 748 Waukegan Road, Deerfield, Illinois (Jewel); and
WHEREAS, said eminent domain action is currently pending in the Circuit Court of
Lake County, Illinois, as Village of Deerfield v. American Stores Properties, Inc., No.
98 ED 19; and
WHEREAS, the trial court determined the amount of preliminary just compensation
to be $500,000.00, and the Village had deposited the amount of this preliminary just
compensation with the County Treasurer and has been vested with the leasehold interest
in 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 Village was represented by special counsel, Joseph T. Morrison, at trial, and the
jury has determined the final amount of just compensation to be paid the owners for the
taking of their leasehold interest to be $238,000.00, 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, and said amount was based upon the appraisal testimony
presented at trial on behalf of the Village of Deerfield.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOKCOUNTIES, ILLINOIS,
AS FOLLOWS:
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RESOLUTION NO. R -00 -09
SECTION The terms and conditions of the judgment order entered on
ONE: May 24, 2000, nunc pro tunc to the date of the verdict of May
18, 2000, a copy of which is attached hereto as Exhibit A, are
acceptable to and approved by 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
$262,000.00, and is authorized to take any other further steps
as may be necessary to finally conclude this matter.
AYES: Heuberger, Ragona, Seiden, Swanson (4)
NAYS: None (0 )
ABSENT: Rosenthal (1) RECUSED : Harris (1)
PASSED this 5th day of June, 2000.
APPROVED this 5th day of June, 2000.
Vil be Clerk _
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'Village President
IN THE CIRCUIT COURT OF THE NINETEEN �
✓
JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS
VILLAGE OF DEERFIELD, a municipal
corporation,
Plaintiff,
vs.
No. 98 ED 19
AMERICAN STORES PROPERTIES, INC.,
JEWEL FOOD STORES, and UNKNOWN
OWNERS,
Defendants.
JUDGMENT ORDER
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THIS CAUSE coming on to be heard for trial, and the Plaintiff appearing by Joseph
T. Morrison, and the Defendants appearing by Eric Oesterle, and
WHEREAS, a jury of 12 persons was selected, and after having heard the evidence
and instructions of law, hereby returned a verdict as follows:
"We the jury find the just compensation to be paid the
Defendants, JEWEL FOOD STORES and AMERICAN
STORES PROPERTIES, INC., forthe taking of their leasehold
interest, to be $238,000.00."
THEREFORE, on Motion of Plaintiff, it is hereby ordered that:
The sum of $238,000.00 constitutes the full and final just compensation to
be paid the Defendants for the taking of their leasehold interest, and
judgment is hereby entered accordingly.
2. The preliminary just compensation was $500,000.00, and was withdrawn by
the Defendants.
3. Therefore, it is further ordered that the Defendants shall pay to the Clerk of
the Court the sum of $262,000.00 within 30 days.
4. If the Defendants fail to pay that amount within 30 days, then, on Motion of
Plaintiff, judgment shall be entered in favor of the Plaintiff and against the
Defendants in the amount of $262,000.00.
EXHIBIT
5. The order vesting title is hereby confirmed in all respects.
6. The parties are ordered to withdraw and maintain their own trial exhibits.
ENTERED this day of May, 2000.
c kb j iv) "Z -o d CU
Judge Terrence Brady
Order prepared by:
Joseph T. Morrison
MORRISON & MORRISON, P.C.
32 N. West St.
Waukegan, IL 60085
847 - 244 -2660
Attorney No. 6182078
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