On June 30, 2026, the Illinois Appellate Court, First Judicial District, unanimously affirmed a judgment in favor of the Village of La Grange in long-running litigation against Hanson Aggregates Midwest, Inc., concerning the Village’s easement rights and its right to implement an improved stormwater relief system.
In 2016, Hanson filed suit in the Circuit Court of Cook County to bar the Village from implementing an improved stormwater relief system and to compel the Village to pursue an alternative stormwater management solution. Hanson, which owns a quarry neighboring the Village, claimed that the Village’s attempts to improve its stormwater management system infringed on its property rights.
That litigation culminated in a bench trial. Following the bench trial, Judge Neil H. Cohen ruled that the Village owns an easement to use an underground pipe to transport stormwater across Hanson’s quarry, found that no agreement limits the amount of stormwater that can be carried through the pipe, and rejected Hanson’s request for an injunction that would have blocked the Village’s improved stormwater relief system.
Hanson appealed. The appellate court affirmed the Circuit Court’s judgment in its entirety. It recognized that the Village holds an easement to direct stormwater across the quarry, affirmed the Circuit Court’s finding that no contract limits the Village’s use of an underground pipe, and found that the Circuit Court acted within its discretion by refusing to prohibit the Village’s efforts to improve its stormwater relief system.
“This is a great victory for the people of La Grange,” said Village of La Grange President Mark Kuchler. “It is complete a vindication of what Village residents and officials have been saying for many years about the Village’s property rights, and it allows the Village to take much-needed initiatives to help protect Village residents and businesses from the effects of severe storms.”
At trial, the Village was represented by Daniel L. Stanner and Kyle A. Cooper of Tabet DiVito & Rothstein LLC. The Village was additionally represented on appeal by John Fitzgerald of Tabet DiVito & Rothstein LLC. President Kuchler recognized the firm for its efforts, saying: “Tabet DiVito & Rothstein worked tirelessly for the Village and achieved excellent results at trial and on appeal.”
A copy of the appellate court’s decision is available here.