Judge Strikes City Witnesses in Westgate Valley Trial

The City of Palos Heights withstood a legal blow today when a Cook County judge struck a list of expert witnesses from testifying against the residents of .

Many of the city’s witnesses, including engineers from Christopher Burke Engineering and Morris Engineering, were in court that the city and its developers never intended to own most of the Westgate Valley subdivision streets.

Last month city attorney Thomas Brown said the list comprised people with “knowledge of the facts” surrounding the annexation agreement at the center of this contention.

Judge Mary Anne Mason disagreed, telling Michael Marovich, a city attorney, his witnesses would make arguments that were “all too late.” The time for admitting factual evidence has passed, she said, and noted that both parties have already agreed in writing that the annexation agreement was never officially amended. She even seemed to suggest that the plat easements designating certain streets as private were extraneous.

Marovich has joined the lawsuit at a late hour, filling in today for his colleague, Amy Leonas, who has worked on this case for almost three years. He wasn’t even sure how many witnesses topped the city’s list. Nor could he say who would remain. When asked whether Mason's decision would hurt the city's case, he kept it terse, responding, "No."

Mason asked him to draft an order explaining who on the stand could provide opinions rather than facts. The next hearing is scheduled for June 8.

The intent of the city at the time of the annexation agreement is still relevant, Mason said. Come trial, the city will just have less people to prove what that intention was.