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METROPOLITAN WATER v. TERRA FOUNDATION

No. 1-13-0307.

13 N.E.3d 44 (2014)

2014 IL App (1st) 130307

382 Ill. Dec. 631

METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, Plaintiff and Counterdefendant-Appellant, v. TERRA FOUNDATION FOR AMERICAN ART, Defendant (664 N. Michigan, LLC, and NM Project Company, LLC, as Successor-in-Interest to Terra Foundation for American Art, Defendants and Counterplaintiffs-Appellees; and Unknown Owners, Nonrecord Owners, and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, First District, First Division.

June 9, 2014.

Attorney(s) appearing for the Case

Michael I. Rothstein , Gino L. DiVito , John M. Fitzgerald , and Brian C. Haussmann , all of Tabet DiVito & Rothstein, of Chicago, for appellant.

Clifford Law Offices ( Robert A. Clifford , Colin H. Dunn , and Robert P. Sheridan , of counsel), and David C. Gustman , Jill Anderson , and Daniel C. Curth , all of Freeborn & Peters LLP, both of Chicago, for appellees.

OPINION

Justice HOFFMAN delivered the judgment of the court, with opinion.

¶ 1 The Metropolitan Water Reclamation District of Greater Chicago (the District) appeals from a $36,432,047 judgment entered against it and in favor of the counterplaintiff, NM Project Company, LLC, (hereinafter, the Project Company). The damages were awarded after the District was found to have intentionally interfered with the easement rights of the Project Company and its...

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