HomeMy WebLinkAboutEXECUTIVE SESSION - 03/09/1993 - LITIGATION/RELEASED RES NO 29-95 EXECUTIVE SESSIO!,
Eli: Grove Village
Date March 9, 1993
Time 7:15 p.m.
TOPIC: Litigation X Perscnnel Land Acquisitian
Village Board Village Board
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
C. Zettek, Village President None G. Parrin, Village Manager
M. Tosto, Village Trustee R. Rummel, Asst. Village Manager
N. Czarnik, Village Trustee - R. Farrell, Administrative Assistant
J. Bosslet, Village Trustee J. Karaganis, Special Counsel
J. Petri, Village Trustee
D. Gallitano, Village Trustee
R. Chernick, 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 March 9, 1993 this Executive Session was called to consider a
litigation matter.
Iv
Number of pages attached: 1
Date(s) of review for release: July 1993
Date of approval for release:
03/09/93
7 : 15 p.m.
LITIGATION
Special Counsel was present to update the Board on the
WBBM/CBS Radio Tower litigation. The update on the litigation is
as follows :
1 ) Oral arguments were heard in the Federal Court on an
appeal filed by the Village against the Army Corp
regarding the legality of issuing a permit to build in a
Flood Plain. Karaganis is awaiting a ruling on the
case. The issue in this case is whether the Army Corps
of Engineers failed to follow the President' s Executive
Order when issuing permits for construction of the tower
in a flood plain.
2 ) Pending in State court is a complaint filed by the
Village that CBS was improperly issued a permit by the
Illinois Department of Transportation to construct
the radio tower in a floodway. The basis for the
complaint is that the tower does not fall under the
definition as an "appropriate use" for the land. The
Judge for the case denied the motion to dismiss the
complaint filed by CBS & Hamilton Partners . The Village
has a course of action, but thus far has not acted to
continue the suit.
Karaganis explained that the board should consider
taking action in the near future on the State
litigation. Delaying action further may result in the
Village losing their advantage in the case.
3 ) Finally, WBBM continues to obtain extensions on the
issuance of its permit by the Federal Communications
Commission (FCC) . A ruling on the permit is expected by
the end of the week.
The meeting adjourned at 7 : 35 p.m.