Property owners allege Palatine Village Council decision regarding recapture fees is 'unfair'

By Noddy A. Fernandez | Jan 3, 2019

CHICAGO – Two Cook County property owners are seeking to reverse a decision of the Palatine Village Council regarding recapture fees.

Clydarow Inc. and Nagleview Inc. filed a complaint on Dec. 24 in Cook County Circuit Court against the village of Palatine and KF Walter Homes LLC seeking administrative review.

According to the complaint, the plaintiffs own two properties on Michigan Avenue in Palatine in The Carraig Subdivision. The suit states KF Walter Homes developed a subdivision called The Arcadia Subdivision in Palatine and the Clydarow property abuts it.

The suit states KF Walter Homes submitted for recapture to cover portions of a road and for sanitary sewer and watermain systems. The plaintiffs allege these systems do not abut their properties.

The plaintiffs' owner met with village staff to discuss a request to remove these recapture fees, the suit states, but the Palatine Village Council decided not to remove the fees at a Nov. 19 discussion. The plaintiffs allege they cannot develop their properties until the recapture fees are paid.

The plaintiffs allege the Nov. 19 decision of the village council should be reversed because it is an abuse of discretion and is arbitrary, capricious and unfair.

The plaintiffs seek a review the decision of defendants and reverse final administrative decision, declare that no recapture fees should be assessed against plaintiffs and any other further relief that the court deems just or necessary. They are represented by attorney Jennifer K. Schwendener in Downers Grove.

Cook County Circuit Court case number 18-CH-15930

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Cook County Circuit Court Law Offices of Jennifer K. Schwendener, LLC

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