United States District Court, N.D. Illinois
May 3, 2004.
GUARDIAN PIPELINE, L.L.C., a Delaware Limited Liability Company, Plaintiff,
950.80 ACRES OF LAND, more or less, in Kendall and McHenry Counties, Illinois; RANDOLPH J. REIGH, et al., and UNKNOWN OTHERS, and WILL COUNTY ILLINOIS, a Body Politic and Corporate, Defendants
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
On July 18, 2003, we ordered that, in the first instance, crop damage
claims "of actual crop damage" be submitted on an annual basis to
plaintiff, pursuant to plaintiff's obligations under the Illinois
Agricultural Impact Mitigation Plan. We left open the possibility of
reconvening the Commission if there was a future dispute over fair
Certain defendants now contend that there is a dispute and ask that the
Commission be reconvened to resolve it. Plaintiff responds by
representing that those defendants have not submitted any actual data
"concerning crop type(s), yields, acreage planted, and sales dates and
prices." Rather, they relied on hypothetical projected estimates prepared
by a consultant. Accordingly, plaintiff came up with its own calculations
and issued checks for those amounts, some cashed and some not, but, in
any event, for amounts these defendants believe inadequate.
So, who is right? Either these defendants have the supplied data of
actual crop damage, as required by the July 18, 2003 order, or they have
not. We ask the Commission to determine whether or not these defendants have complied with that order and whether
plaintiff has reasonably responded to the submissions a limited
inquiry. If they have not, and plaintiff has reasonably responded, these
defendants shall pay the expenses of the inquiry. If they have, and
plaintiff has not reasonably responded, we ask the Commission to recommend
how most expeditiously to resolve these crop damages claims and
plaintiff shall pay the expenses of the inquiry.
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