Triangle Settlement A Go; Lawyers for Four Tenants Will Object in Court

On one hand, a near 34-month legal process between the village and Orland Plaza owners reached an important milestone Monday. On the other hand, several issues related to that legal process, specifically with regard to the tenants, still remain unresolved.

Orland Park village trustees unanimously approved a $7.5 million settlement with Plaza owners George Gee and Joe Mikan for the purchase of the entire Plaza property in three phases, starting with $2.75 million for land to extend Ravinia and Jefferson avenues paid on Feb. 14, 2012. The village then will take control of the Plaza property west of Marquette Bank, and will then be required to start paying the second money amount of $4.75 million to the landowners over the course of five years at 4 percent interest.

On Feb. 20, 2012, all Plaza tenants except for Marquette Bank will have to leave the shopping center. Marquette will stay in the Triangle area until 2014, at which time the village will take over the remaining Plaza land.

Still to be determined in court is how much money the tenants are owed for the forced exit. The Illinois Equity in Eminent Domain Act of 2007, as well as the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,  both require Orland Park to pay tenants for the move. The remainder of their signed leases past Feb. 20, 2012 also will factor in to what the tenants are owed.

But before those deliberations begin, tenant attorneys Bill and Mike Ryan will be objecting to portions of the settlement, especially in regard to a state statute that allows the village to back out of the deal any time up to Feb. 14, 2012.

“(Tenants) are faced with a situation if the village chooses not to buy this land,” Bill Ryan said while addressing the village board before they went into closed session. “They can’t sign a new lease if the possibility exists that their current home might not be taken.”

The Ryans, who represent Lang Lee, Orland Park Bakery, Plaza Café and Bloomingfields Florist, wrote a letter asking for three changes to be made to the agreement.

• Requesting that the village waive their right to back away from the purchase after the final judgment order is given in court on Aug. 2. Or if the village can’t waive that right, to give the tenants about 6 months to move after they are paid
• Tenants are paid 50 percent of what is owed for moving at the time the move begins, as dictated by appraisals already performed, and the next 50 percent paid after the move is completed
• Allow the tenants to remain in the plaza at least five months after courts decide what they are individually owed for the move

Trustees, village staff and attorneys representing the village spent about 30 minutes in closed session before the unanimous vote was made for the settlement. 

Before voting, Mayor Dan McLaughlin said the village would move forward on approving the settlement, without adding the Ryans’ suggestions.

“We have to keep the process moving to come up with a solution that fits all the tenants’ needs,” McLaughlin said after the meeting. “What works well for one may not work well for another.”

Scott Day, who is representing the village in this case, said approving the settlement does not rule out the possibility of adding changes to benefit the tenants.

“These are legitimate concerns, worthy of respect, but executing the agreement will not preclude leaving these out,” Day said. “There are multiple tenants all with different issues. Resolving issues with one won’t resolve them all.”

Day also pointed out that if the village were to decide before Feb 14, 2012 not to buy the land after all, Orland Park would have to foot all legal costs and fees for all of the involved parties dating back to Sept. 2008.

“Abandonment is no free ride,” Day said.

While trustees and staff were congratulating each other after the meeting, Plaza business owners and Orland Park residents in attendance were dissatisfied with the outcome.

The worst part of this whole thing is the uncertainty. We know we have to move, but we need to know when,” said Dan Major, co-owner of the Orland Park Bakery. “We understand how this works, legally, but we won’t recoup everything we lose. The bakery is a big build out. Really big ovens, really big mixers, really big equipment.”

Major said the Bakery plans to stay open throughout the entire rest of the process, even in between moving. The Bakery’s Facebook page will have information on where they go, he said.

 Lynn Janusz, owner of Thornridge Funeral Home, described witnessing the legal battle as “demoralizing.”

“Those of us nearby can’t help but think ‘who’s next?’” she said. “The Plaza stores also employ a lot of people. What about them?”

For further information on the Main Street Triangle, Plaza businesses and related court hearings, .