Chuhak & Tecson, P.C.’s Brandon R. Freud and Adam K. Beattie win at trial against ComEd on behalf of developer in trespass case affirmed by First District

March 12, 2024

Brandon R. Freud, principal in Chuhak & Tecson’s Financial Services and Litigation practice groups, and Adam K. Beattie, principal in the firm’s Real Estate and Litigation groups, represented real estate developer Shepherd Real Estate Subsidiary, LLC — 1901 Halsted Series in an appeal before the First District Appellate Court, which affirmed the trial court’s decision to award the developer in excess of $1.3 million in lost profits and other damages against ComEd related to a construction project. 

ComEd ran a live power line under the developer’s property at 1901 North Halsted Street in Chicago, which significantly delayed and increased the costs of constructing an apartment building on the property. 

Among other things, ComEd argued on appeal that the trial court misapplied the new business rule in awarding lost profits and that the testimony from the developer’s damages expert was speculative.  Construction is now complete and the apartment building is fully leased.

Click here for a link to the Chicago Daily Law Bulletin article.

The case is Shepherd Real Estate Subsidiary, LLC – 1901 Halsted Series v. Commonwealth Edison Co., 2024 IL App (1st) 221766-U.