JOLIET – The Evergreen Terrace case moves forward with a new quarterback on one side, so to speak.
The owners of Evergreen Terrace are trying to hold onto the subsidized housing complex but will have to defend themselves against the city of Joliet's condemnation offensive with a new law firm.
U.S. District Judge Charles Norgle granted on Jan. 24 a motion filed by Ungaretti & Harris to drop out as the owners' attorneys. The lawyers contended they had not been paid since before the trial started and were owed $5 million.
Still, the owners compared Ungaretti & Harris' departure to a quarterback abandoning the team at a crucial moment.
“With two-minutes left on the clock, the ball on the 10-yard line and no timeouts left in the game, the quarterback should not be permitted to head for the sidelines,” the defendants’ stated in a motion filed by its new law firm, Tetzlaff Law Offices.
Tetzlaff Law Offices has taken over the case for Evergreen Terrace owners as both sides prepare for closing arguments, which could be in April.
Norgle in a court statement rejecting the owners' case for keeping their attorneys called the unpaid fees an "unreasonable financial burden." The judge also said the owners had enough time to find new lawyers.
“[T]o force unwilling attorneys to labor free of charge in a civil case where parties are not entitled to free representation is not in the interests of justice,” the statement read.
Joliet has been pursuing ownership of the apartment complex, located at 350 N. Broadway St., saying it is mismanaged and has poor living conditions.
Because of the change of attorneys, the deadline to submit summaries of facts and applicable law from each side in the case has been extended to March 14. City Attorney Jeff Plyman said he estimates closing arguments may be presented in April.
“It’s in my opinion an unfortunate distraction,” he said about the conflicted legal representation among the owners. “But beyond that it doesn’t involve the issues in the [condemnation] case.”
The Ungaretti & Harris motion to withdraw also pointed to a lawsuit filed against them by Nancy Gidwitz, sister of Ronald J. Gidwitz, who is one of the owners of Evergreen Terrace.
On Monday, Nancy Gidwitz declined to comment on the lawsuit. A call made to Ungaretti & Harris was not immediately returned.
The defendants said they paid fees totaling more than $7 million to Ungaretti & Harris in the years preceding the start of the trial, which began in September 2012. The city initiated its condemnation case in 2005.
The defendants said they were not told by their own attorneys they would withdraw before the conclusion of the “takings phase” of the case, which included the finding of facts and conclusions of law.