Attorney: County's eviction from former Ward's site will go to court

Kane County ignored the Monday deadline to decide if it wants to sign a new lease on the old Montgomery Ward property in St. Charles, and officials aren't expecting to leave any time soon. The county's status as a squatter might turn into an issue for a judge to resolve in a messy land deal.

Word of the possible eviction surfaced last month, but the county has been embroiled in a saga to buy the property. However, a number of issues are tied up in legal battles that are unlikely to be resolved until sometime next year.

The key issues are whether the county should pay rent on the property while it's also paying the property taxes. The county doesn't believe it should pay rent, but a judge has not yet decided that issue. So the county hasn't been paying, nor have the property owners been trying to collect rent for some time. The owners, New York-based Rockward Associates, want the county to sign a new lease with an increase in rent and to begin paying the higher amount. The county wants to buy the property, and the owners are willing to sell, but neither side can agree on a fair price.

In response, the county has won the right to initiate eminent domain proceedings and take the land from the owners for public use. The owners have fired back by seeking an eviction notice.

On Monday a judge denied a county request to let the appeal process start so some of the issues regarding the lease can be cleared up. Attorney Scott Day said the county will push forward on the eminent domain proceeding. He expects a jury will ultimately determine the fair market price sometime next year. Meanwhile, Day said the county might have to fend off an effort to remove the Circuit Court Clerk from the building.

"I am assuming that Rockward Associates will definitely follow through with their threat to evict the county, and ask the court to try to evict the county, from the property," Day said. He added he was unaware of any offer by Rockward to extend the Aug. 31 deadline for the county to vacate the property or sign a new lease agreement in an attempt to resolve the matter out of court.

Rockward Associates could not be reached for comment.