CHICAGO — Property owners are suing an Illinois municipality, citing alleged breach of duty.
Biesterfield Partners LLC; Gullo Property LLC; Elmhurst Landmeier Property LLC; Higgins Roppolo LLC and Roppolo Drive LLC filed a complaint on Feb. 8 in the Cook County Circuit Court against The Village of Elk Grove for alleged unlawful attempt to forcibly annex certain properties in unincorporated Cook County.
According to the complaint, on Jan. 8, plaintiffs became aware that defendant's Board of Trustees intended to adopt an ordinance purporting to forcibly annex its properties at its Feb. 12 meeting. Plaintiffs assert they have a clear and ascertainable right in need of protection as defendant wants the buildings to comply with the building code requirements for new buildings, which would cause plaintiffs to incur significant costs, loss of financial stability and harm to their reputation.
The plaintiffs hold The Village of Elk Grove responsible because the defendant allegedly adopted an ordinance to forcibly annex plaintiffs' property despite the lack of legal authority, violating public policy.
The plaintiffs request a trial by jury and seek declaratory judgment, injunctive relief and such other relief deemed appropriate. They are represented by Kim Walberg and Richard Hu of Taft Stettinius & Hollister LLP in Chicago.
The Cook County Circuit Court Case No. is 19-CH-01673.