A man has sued his deceased father's former business partner over ownership of a commercial building in Downers Grove.
Timothy J. Millar, as executor of the estate of John G. Millar, and on behalf of the NEDGO Partnership, filed a lawsuit April 28 in Cook County Circuit Court against Donald J. Craig and NEDGO Partnership, citing breach of contract and breach of fiduciary duty.
Millar's father, who died Nov. 16, 2014, and the defendant co-owned a commercial building, at 2360 Ogden Ave., Downers Grove. According to the complaint, since John G. Millar's passing, "the defendant has ignored the partnership agreement and steadfastly refused to purchase his deceased partner's interest as required by the partnership agreement, refused to pay rent owed the plaintiff and has hidden and concealed basic information regarding the operation of the partnership."
On Dec. 29, 2014, an appraisal report by CBRE Inc. valued the property at $4 million. Then, the defendant, "without informing plaintiff that the initial appraisal existed or of its contents, retained a second appraisal firm, Marous and Co.," the suit states.
On Jan. 30, 2015, that company appraised the property at $2.4 million. Since the two companies had two vastly different appraisals, a third company was brought in, Appraisal Associates, which valued the property at $2.83 million, the suit says.
Timothy J. Millar cites Craig for: failing to inform plaintiff of the initial appraisal; failing to comply with contractual terms; and "refusing to tender the estate half of the rental value of the partnership property since decedent passed away."
Millar seeks damages of more than $100,000, plus costs, attorney fees and interest. He is represented by attorneys Todd A. Rowden, James L. Oakley and Caroline Ackerman, of Chicago.
Cook County Circuit Court case number: 15-L-4390.