Fox River Grove can demolish ‘monstrously ugly’ half-built apartments

A McHenry County judge has granted Fox River Grove permission to demolish a long-abandoned, never-completed apartment complex as lawsuits among contractors and the developer continue.

Contractors began building the 100-unit complex at 401 Algonquin Road in 2019, but the project has been stalled since 2022 over lawsuits that claim contractors are owed millions of dollars by the developer. Almost a dozen companies are suing The Grove Residences LLC and Branko Tupanjac of Lake Forest, who is identified as its manager, in a lawsuit filed in 2022 in McHenry County court.

The village is currently soliciting proposals from qualified contractors for the demolition, Village Administrator Derek Soderholm said. Once a contractor is selected, the village will proceed with the necessary steps to complete the demolition, he said.

Soderholm said in an email that “the village is pleased with the outcome” of the court ruling.

The village filed a request in McHenry County court in December to demolish the “incomplete shell” and remove construction material and debris from the site, according to court documents.

Judge Kevin Costello is allowing the village to seek compensation from the property owner for costs related to the demolition and for attorneys’ fees.

“The building is clearly abandoned and uncompleted,” Costello said.

In a court hearing Thursday, Soderholm said the structure is unsafe, with construction materials and “debris” having been left there for over two years. The last time work was done at the site was late November 2022, before the developers’ building permit expired that month, he said.

Multiple type of fencing surround the property to keep trespassers out. More than once, the fencing has been breached and there have been incidents of theft of construction equipment, Soderholm said.

In November, the court allowed the village to put up a fence around the property, costing the village about $4,100 to have the fence for one year, Soderholm said.

The attorney representing the village, Everette Hill Jr., described the structure as “so monstrously ugly,” and something that could attract “kids to break in,” which could “very easily” lead to an accident.

Opposing attorneys representing companies that are also suing the developer argued it is their right to sell the structure to potential buyers. But the judge said the companies’ rights are not under review.

The village has been trying to seize control of the property, filing for eminent domain in the courts last year over assertions that the area is blighted. An offer to purchase the property for more than $183,000 in January was unsuccessful, according to court documents.

A court hearing on the eminent domain filing is set for June 25, Soderholm said.

The project had received criticism from neighbors over concerns about privacy and an influx of new residents, as well as questions from the Fox River Grove Fire Protection District, which asked, in an unusual move to review safety codes and planning documents for the new building.