McCook Quarry Dishonest On La Grange Pipe: Judge

LA GRANGE, IL – A quarry was dishonest with McCook in the early 1990s before it cut the stormwater pipe owned by La Grange since the 1920s, a judge ruled last week.

Cook County Judge Neil Cohen ruled in favor of the village over a McCook quarry owned by Heidelberg Materials, formerly Hanson Aggregates.

Hanson made at least four material misrepresentations to the McCook Zoning Board before it cut the pipe in 1992, Cohen said. Even though the quarry knew La Grange owned the pipe, it told the zoning board it did not know and that it thought the village had abandoned it, the judge said.

The company promised to investigate the ownership, but the evidence indicates that no such inquiry took place before Hanson cut the pipe, the court said.

"The evidence also shows that Hanson knowingly trespassed on the Village's easement rights so that it could begin reaping the benefits of nearly $1 billion as soon as possible," Cohen said.

In 2016, Hanson executive Christoph Streicher apologized for Hanson's 1992 decision to cut the sewer. He told the court the apology was sincere and that the company should have asked for permission. He said the 1992 action wouldn't have happened had he been in charge.

After the sewer was severed, La Grange complained, so Hanson allowed the village to drain water from the cut pipe into the quarry. The company would then pump water into the other end of the severed pipe, draining into the McCook Ditch.

But after major flooding in south La Grange started in 2010, the village wanted to install a bigger pipe to handle the increased stormwater.

Six years ago, Hanson sued the village in court, asking the judge to forbid the village from changing its system to drain more water.

Documents going back to the 1920s show the quarry had agreed to a village easement for the storm sewer, the judge said.

With the favorable decision, La Grange can go forward with the long-awaited 50th Street storm sewer project. At Monday's Village Board meeting, trustees voted for an engineer to draft detailed plans.

"Overwhelmingly, it was a victory for the village on all counts, and it was a loss for the quarry on all counts," attorney Dan Stanner told the board.

He said he would address the board's next steps behind closed doors.

The company's spokesman said after La Grange's victory that it was considering an appeal.