TO: Mayor and City Council
FROM: Todd C. Lenzie, Interim Corporation Counsel
SUBJECT:
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Resolution Approving a Settlement Agreement and Release in Village of Elwood v. City of Joliet, et al., Will County Case No. 2020 CH 590
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BACKGROUND:
The plaintiffs challenged the City’s annexation and rezoning of the Compass Business Park project. Their complaint asserted claims including substantive and procedural due process violations and unlawful annexation and sought to invalidate the City’s annexation and zoning actions, prevent development of the Project, and obtain declaratory and injunctive relief restricting the City’s authority to proceed with the Project and related agreements.
The proposed settlement provides for dismissal of the lawsuit with prejudice and confirms that the City admits no liability and is not responsible for money damages. East Gate agrees not to develop certain identified land and acknowledges the June 20, 2025 Settlement and Mutual Releases, which require the Closed Loop Truck Network to serve as the exclusive method of tractor-trailer truck ingress and egress for the Project. The network must include truck barriers and cul-de-sacs as described in the agreement and is limited to a single access point on Millsdale Road, except that the City may temporarily authorize an alternative route during an emergency. East Gate will place specified parcels under conservation easements, but the City is not a party to that easement agreement. The settlement agreement also provides for a working group to be established by Openlands which will discuss East Gate’s future construction plans, infrastructure, greenscaping, and broader planning, land-use, building, and zoning considerations, and more general issues that arise. The working group will be comprised of a representative of Openlands, a representative of East Gate, community members, and a City designee. The City’s participation is advisory only and does not bind the City or limit its governmental authority.
CONCLUSION:
The purpose of this memorandum is to present a proposed Settlement Agreement and Release that would resolve all claims brought against the City in the matter of Village of Elwood v. City of Joliet, et al., No. 2020 CH 590. Approval of this settlement will bring finality to litigation concerning the City’s annexation, zoning, and development actions related to the Project commonly referred to as Compass Business Park.
RECOMMENDATION:
recommendation
Based on the above, it is recommended that the Mayor and City Coucnil approve the Resolution Approving a Settlement Agreement and Release in Village of Elwood v. City of Joliet, et al., Will County Case No. 2020 CH 590
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