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Ye Olde Town Inn dispute mishandled, some candidates say

Mount Prospect settled six-year dispute for $6.5 million

The 2014 settlement of a six-year legal battle between Mount Prospect officials and a local business owner has become a key talking point in the 2015 race for the village board.

Some challengers in the race are accusing the village of mishandling the litigation and being too secretive about the $6.5 million settlement with Tod Curtis, the owner of Ye Olde Town Inn.

The incumbents in the race. however, say approval of the settlement was in the best interest of Mount Prospect taxpayers, and that discussing specifics of the deal, which includes nondisparagement and nondisclosure clauses, could land the village back in court.

The village announced in August it had agreed to settle its dispute with Curtis, who sued village officials in 2008, accusing them of breaking federal racketeering laws by trying to seize his land and redevelop it without him. In making the settlement, Mount Prospect continued to deny all his charges.

Of the $6.5 million, $2 million was expected to pay Curtis' legal fees. The village's legal costs during the life of the case total about $1.5 million.

Roughly four months after the settlement was announced, Curtis closed the business.

The case has sparked a lot of discussion in the village board race. Seven people — three incumbents and four challengers — are running for three seats on the board. The election will be held on April 7.

John Dyslin, one of the challengers, suggested the village didn't paint a realistic picture of the litigation from the start.

“They kept telling us they were going to win it, or it would get thrown out of court,” Dyslin said. “Right before it goes to trial, there's a $6.5 million settlement. That's a lot of money to pay for something you're supposed to win.”

Dyslin also criticized village officials for citing the nondisclosure and nondisparagement clauses when faced with public questions about the settlement.

“'No comment' will not suffice,” Dyslin said.

Kevin Grouwinkel and Colleen Saccotelli, two other challengers, said the lack of discussion about the settlement has created a negative perception among residents.

“With the village board just saying, 'We can't discuss it,' I think it gives the residents of Mount Prospect the notion that (officials) are hiding something,” Grouwinkel said. “I think more could have been said.”

Saccotelli pointed out that the village released a summary of the agreement to media outlets.

“They could have put the redacted edition of the settlement on the website, so citizens could pull it up,” Saccotelli said. “The village could have made a fact sheet and placed that on the website or in the newsletter.”

Kevin Nohelty, the fourth challenger, said that while he agrees that the village could have done a better job communicating with residents about the settlement, he doesn't object to the settlement itself.

“In the end, it comes down to a business decision,” Nohelty said. “If they were to go to (trial), and not settle beforehand, those damages to the village could have been much, much greater.”

The incumbents in the race, Trustees John Korn, Paul Hoefert and Richard Rogers, all said they wish they could talk more openly about the settlement, but doing so could expose the village to more litigation.

“We're not setting out to hide anything,” Rogers said. “But this is part of the agreement we reached, and if we start talking out of turn, it could mean even more time in court for the village.”

The incumbents added that whatever their personal feelings about the allegations might have been, they approved the settlement because it was the most prudent deal for the taxpayers.

“What we unfortunately have to go ahead and do, whether we're right or we're wrong, we have to cut our potential losses,” Korn said. “It's an unfortunate bit of reality.”

Hoefert agreed.

“You start looking at it, and you say, 'I'm all about fighting it, I'm all about taking it to the end,'” Hoefert said. “But is that the responsible thing to do? Because we're not playing with my money, we're playing with our money.”

Payout: Incumbents say they can't talk about settlement

Future of Mt. Prospect 'triangle' still an open question

Mount Prospect settles with Ye Olde Town Inn for $6.5 million

How Ye Old Town Inn owner fought suburb, won millions

Ye Olde Town Inn payout won't raise inusrance rates much, official says

Ye Olde Town Inn in Mt. Prospect abruptly closes

Crowded race for Mount Prospect village board

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