Libertyville sues over unfinished upscale grocery

Libertyville has officially tired of having a steel skeleton of a building on its southern gateway on Milwaukee Avenue.

Village officials announced a lawsuit was filed Wednesday in Lake County circuit court against the developer of the partially built Fresh Foods. The $10 million upscale grocery store was supposed to have opened in November 2007.

In the complaint, the village demands demolition of the structure. The village also is willing to perform the demolition work while holding the developer responsible for the costs.

Libertyville Village Administrator Kevin Bowens said in a written statement Lincolnwood developer Dean Theo's building permit expired March 1 and that he failed to comply with conditions for a three-month extension.

"Although certain work was commenced and structural steel members were erected, no construction activity has taken place upon the property for several months," Bowens said.

Theo said he was unaware of Libertyville's lawsuit and declined to comment Wednesday.

Plans called for Fresh Foods to be the first in the Chicago area. It was supposed to be modeled after Texas-based Central Market, which offers a blend of natural, gourmet and organic foods with a cooking school and other amenities.

Fresh Foods' steel skeleton is on the site of the former Frank's Nursery and Crafts on South Milwaukee Avenue near the Vernon Hills border.

Theo received the building permit for Fresh Foods on March 1, 2007. Libertyville's lawsuit seeks an imposition of fines for each day the property remains in violation of village code since June 2.

Material and labor problems were cited as reasons for the Fresh Foods construction delays last August. Libertyville officials were publicly enthusiastic about the store after it gained village board approval.