Judge dismisses Ye Olde Town Inn suit

Two days after Mount Prospect trustees voted to acquire the Ye Olde Town Inn property -- by condemnation if necessary, a judge dismissed a lawsuit filed by the property's owner against the village.

Tod Curtis had filed suit against the village for violating the open meetings act when it went into closed session to discuss land acquisition on July 25, 2006. During the closed meeting, village officials told Curtis' representatives that the village had no interest in the property at 6-18 W. Busse Ave.

Curtis contended the meeting should never have been closed, since land acquisition was not discussed.

In a Rolling Meadows courtroom Thursday, Judge Howard Fink ruled that Curtis had missed the deadline for filing, since the clock began ticking when Curtis had knowledge of the meeting.

In addition, Fink struck down Curtis' request for punitive damages against the village, which, Curtis said, called the meeting to mislead him to accept a lower offer for his property, which is in an area targeted for redevelopment. Fink said the village was protected by the state's tort immunity act.

Attorney George Wagner, arguing for the village, said Mount Prospect was entitled to sanctions, because Curtis' lawsuit was nothing more than a frivolous claim intended to harass the village and cause it to incur needless attorney's fees.

But Fink ruled, "The court has not yet observed any attempt by either part to harass or cause each other to incur needless fees. The court has not yet observed a lack of good faith by either party."

Valentino said that the dynamics of the situation have changed. "Are we happy about condemnation? No, we're not. But it's the right thing to do, if that's what the village's intentions are. By stating their intentions toward acquisition, that opens the door for good faith negotiations," he said. "If we had been at this place before, I don't believe there would have been litigation."