Results

EMINENT DOMAIN/LITIGATION
 

County of Kane vs. Rockward Associates

Kane County Case No. 08 ED 4

2009 acquisition of +/- 9 acres of improved property for the Kane County Circuit Court Clerk’s Office located in St. Charles.  Prior to filing condemnation, owner demanded $13,300,000.   Case settled at $6,328,300.

Forest Preserve District of DuPage County vs. First National Bank of Franklin Park, Trust No. 1056

DuPage County Case No. 99 ED 54

204 acre acquisition including the Country Lakes Golf Course located in Naperville.  Successfully barred appraisal testimony valuing the property from $19,000,000 to $20,500,000.  Jury verdict of $10,725,000, only $25,000 above lowest appraisal testimony submitted by FPD and $3,775,000 less than owner’s trial testimony.  Case currently pending on appeal.

Forest Preserve District of DuPage County vs. Oliver-Hoffmann Corporation

DuPage County Case Nos. 98 ED 41 and 01 ED 95

2005 acquisition of +/- 371.31 acres in Wayne for $25,000,000. 

Forest Preserve District of DuPage County vs. Institute in Basic Life Principles Inc.

DuPage County Case Nos. 99 ED 22 and 00 ED 57

2003 acquisition of +/- 50 acres in Oak Brook and Hinsdale for $10,000,000.

Forest Preserve District of DuPage County vs. St. Andrews Golf and Country Club, Inc.

DuPage County Case No. 2007 ED 58

2009 acquisition of +/- 94 acres adjacent to St. Andrews Golf and Country Club in West Chicago for $12,315,875.

Forest Preserve District of DuPage County vs. LaSalle National Trust, N.A., Trust No. 116310 (Brach-Brodie)

DuPage County Case No. 00 ED 33

2002 acquisition of +/- 63 acres of property located at the southeast corner of Route 59 and 75th Street in Naperville for $8,535,625.

Homewood-Flossmoor Park District vs. Standard Bank & Trust Company, Trust No. 15577

Cook County Case No. 99 L 50169

2003 acquisition of +/-138 acre Cherry Hills Country Golf Course in Flossmoor for $8,250,000.

Manhattan Park District vs. NLSB, Trust No. 2601

Will County Case No. 04 ED 7

2006 acquisition of the +/- 88 acre Baker-Koren Round Barn Farm in Manhattan for $3,750,000.

City of Wheaton vs. Robert O. Sandberg

DuPage County Case Nos. 2002 ED 59 and 2002 ED 65

2006 acquisition of two parcels located on Main Street in downtown Wheaton as part of a TIF Redevelopment Project.  Summary Judgment granted in favor of the City of Wheaton in both cases at the City’s appraised values.

Village of Downers Grove

Represented the Village of Downers Grove in six condemnation cases to acquire property needed for the Metra Belmont/Burlington Grade Separation and Transportation Safety Project in Downers Grove.  Cases settled for a collective total of $5,225,000.

Eco Property Holdings, LLC, et al vs. Village of Downers Grove, et al.

DuPage County Case No. 2008 CH 1440; Illinois Appellate Court, Second District Case No. 3-09-0380

Defended the Village of Downers Grove in a zoning matter in which Plaintiff was denied a conditional use permit to operate a recycling facility.  Plaintiff filed an eight-count complaint challenging numerous issues including the procedural due process surrounding a text amendment to the Village's zoning ordinance.  The trial court granted our motion to dismiss all counts.  Plaintiff filed an appeal with the Second District Appellate Court who upheld the trial court's ruling and affirmed case dismissal.

 

NEGOTIATED LAND ACQUISITION

 

Forest Preserve District of DuPage County

Represented the Forest Preserve District of DuPage County in its $42,950,000 acquisition of approximately 600 acres of property in Warrenville/Winfield Township known as St. James Farm.

Hinsdale Sanitary District

Represented the Hinsdale Sanitary District in its acquisition of property for its headquarters in Burr Ridge, Illinois.

Village of Itasca

Assisted the Village of Itasca in acquiring the land and obtaining zoning and development approvals for the Village's new $35,000,000 state-of-the-art wastewater treatment plant.  The plant is targeted to go on line in the fall of 2011.

 Naperville Park District

Represented the Naperville Park District in its $8,229,762 acquisition of +/- 20 acres of vacant property in Naperville for the expansion of Nike Park.  

Oak Grove Golf Course

Represented the owner in the purchase and development of the 18-hole Oak Grove Golf Course on approximately 223 acres located in McHenry County.

The Conservation Foundation

Day & Robert has assisted The Conservation Foundation in numerous acquisitions some of which include the following:

  • 2007 purchase of 76 acres of property in DeKalb, Illinois.
  • 2007 purchase of 15 acres of property in Elburn, Illinois.
  • 1996 purchase/donation of 40 acres of property in Oak Brook, Illinois from the Dorothy Dean Cavenaugh Estate.
  • 2007 acquisition by donation of a conservation easement over 80 acres of property in Kendall County.
  • 2008 acquisition by donation of a conservation easement over 32 acres of property in DeKalb, Illinois.
  • 2008 acquisition by donation of a conservation easement over 100 acres in LaSalle County (Day & Robert represented the property owner).

Midwest Groundcovers

Under the threat of condemnation, represented the owner, Midwest Groundcovers, in the real estate sale/donation of 66 +/- acres of property located in Elgin for Kane County's acquisition of right-of-way for the Stearns Road Bridge Corridor.  Negotiated and obtained compensation of $8,500,000 for the taking, plus additional relocation assistance in the amount of $3,000,000.