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May 19, 2019

5/8/2019 1:40:00 PM
James Park Litigation Scheduled for a Settlement Conference
By Larry Gavin

At an April 24 status hearing in the City of Evanston’s environmental contamination case against Northern Illinois Gas Company and Commonwealth Edison Company, the Court set a settlement conference for June 21. Under the Court’s order the utilities are to send a settlement letter by May 31, and the City is to respond by June 7. The case is stayed until further order of the Court.

On April 9, United States District Court Judge John Z. Lee denied the City of Evanston’s motion for a preliminary injunction against the utilities. The City has spent more than $8.1 million on the matter.

Related Stories:
• Judge Denies City's Motion for Preliminary Injunction in James Park Litigation

Reader Comments

Posted: Thursday, May 9, 2019
Comment by: Allen Jacque

Observations and Questions: 1. I anticipate that the settlement offer from the utility will be $0.
2. If the city proceeds to trial and loses, will the utility be eligible to pursue attorney/expert fees from the city?
3. The city continues to increase the use of James Park despite the "danger" posed by the environmental contamination.
4. I am not aware that the city has issued any warnings about possible contamination of its water supply.
5. What analysis was performed by the city and what did it reasonably expect to achieve before it commenced this lawsuit?
I hate to be ambivalent but the city's actions and objectives appear to be poorly defined.

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