HomeMy WebLinkAboutEXECUTIVE SESSION - 04/13/1993 - LITIGATION/RELEASED RES NO 29-95 v�
EXECUTIVE SESSION
Elk Grove Village
Date April 13, 1993
Time 7:07 p.m.
TOPIC: Litigation X Personnel_ Land Acquisition_
Village Board Village Board
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
C. Zettek, Village President None G. Parrin, Village Manager
R. Chernick, Village Trustee R. Rummel, Asst. Vlg. Mgr.
N. Czarnik, Village Trustee R. Farrell, Admin. Asst.
J. Petri, Village Trustee J. Karaganis, Special Counsel
J. Bosslet, Village Trustee
D. Gallitano, 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
April 13, 19931this Executive Session was called to consider a litigation
matter.
Number of pages attached: 1
Date(s) of review for release: ''J//uly 1, 1993
7 -
Date of approval for release: aS - 915-
4/13193
7:07 p.m.
LITIGATION
Special Counsel, Joseph Karaganis, brought the Board
up-to-date on the status of the WBBM/CBS Radio Tower litigation.
Karaganis reported that CBS withdrew their application to
build a radio tower at the proposed location near Meacham Creek.
As a result, the issuance of the FCC permit is not an issue.
There still remains the pending litigation in the Federal
Court (Army Corp of Engineers) and State Court (IDOT) on the
issue. Hamilton Partners contends that the radio tower permits
they were issued are applicable to the property. Karaganis noted
that if the litigation is dropped by the Village the permits will
remain in effect and the Village will have no course of action
regarding these permits in the future.
Karaganis stated that the outcome of litigation in the
Federal Court will likely be in favor of Hamilton Partners. This
litigation was on matters of enforcability of a Presidential
Order regarding the issuance of a construction permit in a Flood
Plain by the U. S. Army Corp of Engineers.
The Village 's chances in the State Court, however, appear to
be favorable. This litigation challenges the legality of a
construction permit issued by the Illinois Department of
Transportation to construct the radio tower in a floodway.
Karaganis stated that if the Village were to continue the suit in
State Court the chances of a radio tower being built would be
reduced. This course of action would attempt to overturn the
floodway permit in State Court .
Karaganis noted that pursuing action in the State Court would
cost an additional $30,000 to $40,000 in legal fees to the
Village.
The consensus of the Board was to pursue the suit in State
Court . it is recognized that if Hamilton Partners relinquishes
their floodway permit, the Village can drop the litigation.
The meeting adjourned to the Committee of the Whole at 7:25
p.m.