By Howard Packowitz
PEKIN, Ill. (25 News) – Pekin city officials are preparing themselves for the possibility of being sued by the developer wanting to build a data center on land owned by the city.
According to 25 News, it’s not known whether a lawsuit against city officials was imminent, and no one explained why City Attorney James Vasselli briefed the council in public at the start of Monday night’s city council meeting.
On March 9, Mayor Mary Burress announced the city would not move forward with the project despite a contract signed with developer Western Hospitality Partners (WHP) to buy part of the Lutticken Property to build the data center.
Burress said a data center is currently not the right fit for Pekin as residents voiced concerns about environmental impacts, noise, strains on the electric grid, and soaring energy costs.
Residents packing council chambers that night cheered the mayor’s announcement, but it wasn’t known at the time how WHP might respond.
The contract with WIP has no guarantees about the outcomes of council votes on the rezoning, site plan, or redevelopment agreement, said Vasselli. He noted council members are not liable for voting their conscience on public policy decisions like this one.
If WIP files a breach of contract suit, Vasselli said it will have to be shown that city officials acted in bad faith by deliberately intending to cause harm, consciously disregarding the developer’s rights, and acting out of personal self-interest or political malice.
Vasselli explained the city itself is protected from having to pay punitive damages, which are higher than normal financial damages. However, he said individual council members can be sued.
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