Judge orders water agency to refund American Lake Water Co. $100k for dismissed suit
“A judge has ordered the Northern Will County Water Agency to pay more than $100,000 to the company that owns a water pipeline the agency is trying to take over.
The money will refund American Lake Water Co. $105,510 for “reasonable attorneys’ fees and expenses” it spent before the water agency voluntarily dismissed an eminent domain suit to seize control of the pipeline earlier this year.
The initial lawsuit was dropped at the recommendation of the water agency’s legal team due to concern that the suit listed the water agency as the sole plaintiff. It was re-filed in June with each of the agencies five member communities – Bolingbrook, Homer Glen, Woodridge, Lemont and Romeoville – listed as plaintiffs.
Jim Boan, the water agency’s attorney, said the agency towns were aware that pulling and then re-filing the suit would cost the agency.
“The agency board knew as a consequence of dismissing the suit that there would be attorneys’ fees,” Boan said.
The eminent domain lawsuit attempts to take control of the 30-mile Bedford Park transmission line that brings water from Bedford Park to the southwest suburbs, including the five towns in the agency, via eminent domain. Eminent domain gives power to government bodies to seize private property without owner’s consent.”
Terrell, Ryan. The Herald News 22 August 2014.