HomeMy WebLinkAboutEXECUTIVE SESSION - 12/08/1992 - LITIGATION/RELEASED RES NO 29-95 E ECu TI:''E SESSi O:s'
Elk Grove Village
Date December 8, 1992
Time 6:50 p.m.
TOPIC: Litigation X Personnel Land Acquisition
Village Board Village Board
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
C. Zettek, Village President None Gary E. Parrin, Village Manager
J. Bosslet, Village Trustee Raymond R. Rummel , Assistant Vlg. Manage
R. Chernick, Village Trustee Renee Farrell , Administrative Assistant
N. Czarnik, Village Trustee George Knickerbocker, Village Attorney
D. Gallitano, Village Trustee Alan Boffice, Director,Engr.& Comm. Dev.
J. Petri , Village Trustee
M. Tosto, Village Trustee
Pursuant to a duly made and approved motion and a majority vote at a
regularly scheduled meeting of the Village President and Board of Trustees
on December R- 1999 this Executive Session was called to consider a
litigation matter.
Number of pages attached: CA
Date(s) of review for release: January 1993 P�
Date of approval for release:
1218/92 - 6:50 p.m.
LITIGATION
The Village Attorney provided a status report on the
litigation surrounding the relocation of the WBBM radio tower.
First, Special Counsel 1Carraganis will present oral arguments
tomorrow before the 7th Circuit Federal Court of Appeals
regarding the Village 's suis: against the U.S. Army Corps of
Engineers. This litigation pertains to a Presidential Executive
Order requiring the investigation of alternative sites before a
permit is issued for construction in a floodway. The Village
Attorney will report back to the Board on the outcome of this
litigation.
Second, in State Court, the Village prevailed on a motion
made by the Illinois Department of Transportation (IDOT) for a
summary judgement to dismiss our case against them. This suit
pertains to IDOT issuing a permit for the construction of a radio
tower in a floodway. A radio tower is not an authorized use in a
floodway. This suit will remain in abeyance until the Village
chooses to pursue the mattes- further.
Third, the Village must issue a response to the Federal
Communications Commission (FCC) in January. The Village 's
position is that a federal agency, including the FCC cannot
violate the Presidential executive order by issuing a permit for
construction in a floodway.
Fourth, the Village and CBS have discussed possible
arrangements for a settlement. At this time CBS has presented no
further desire to negotiate a settlement.
The Village Attorney will continue to work with Special
Counsel Karraganis and will report back to the Board at a later
date.
A motion was made by Trustee Chernick and seconded by Trustee
Czarnik to adjourn from Executive Session.
Upon voting, all AYES Motion Carried.
The meeting entered regular session at 7:12 p.m.