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Judge to stay on disputed Walmart case

A Kane County judge will continue to preside over a lawsuit filed by East Dundee attempting to stop Wal-Mart from getting $4.3 million in special funding to build a new store in Carpentersville.

Judge David Akemann on Wednesday denied a move by East Dundee attorney Richard Gleason to assign a new judge to the case.

Last week, Gleason argued for a substitution of judge, saying Akemann had not made a significant ruling on East Dundee's lawsuit to stop the world's largest retailer from receiving millions in assistance from a special taxing district in Carpentersville to build a new store less than two miles from the current East Dundee site off Routes 25 and 72.

In 2012, Akemann dismissed a lawsuit filed by East Dundee seeking a temporary restraining order, saying the issue was not "ripe" to rule on because Wal-Mart had not formally asked for funding from a Tax Increment Financing district.

In a TIF district, property assessments are frozen for up to 23 years.

As redevelopment occurs or new infrastructure is added and the value of the land goes up, the taxes from the increase, or increment, are used to ease costs for a business to set up shop.

East Dundee sued to get documents indicating Wal-Mart has applied for the $4.2 million to help build a new 108,000-square-foot superstore.

Both sides are due back in court on July 8 and could argue the matter before Akemann in August.

"We're questioning the use of the tax revenue which we think is the only reason they are moving," Gleason said.

East Dundee also has argued that state law prevents a business from obtaining TIF revenues if they are moving less than 10 miles away from their former site.

Judge again throws out East Dundee's lawsuit over Carpentersville Walmart

East Dundee again sues over Carpentersville Wal-Mart

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