[A sketch filed with the city of St. Charles shows the project proposed for 157 S. Tyler Road labeled as a Generation Rescue project.]
Liens filed on property
Kane County Recorder of Deeds records show that Fiore has filed a lien on the property, as have three subcontractors: Conley Steel Inc. of Naperville for $19,798.55; Engstrom Construction of Bartlett for $82,004; and Anthem Excavation and Demolition of Itasca for $21,437.16.
The Kane County Department of Transportation sent a second notification letter to Fiore, dated Oct. 26, warning that if $32,276.59 in impact fees were not paid, it would be referred to the Kane County State's Attorney's Office for litigation.
Fiore said the county would sue the property owners, not his company, for the impact fees.
Andrew Bratzel, an attorney representing McDonald, McCarthy and Generation Rescue, said he would respond to questions only via court filings.
Eric Miller, an attorney representing Goodfellows, Patel and Kenitz, said he would not comment.
“My No. 1 rule is, I don’t try cases in the media,” Miller said. "I find it to be counterproductive.”
Attorney: Clinic developer 'walking away' from St. Charles project
ST. CHARLES – The personal attorney of a defendant in a building project lawsuit with ties to Jenny McCarthy said the developer is going to walk away from the project – and offered to negotiate a settlement, the plaintiff’s lawyer said.
Contractor JV Construction Enterprises LLC filed suit in Kane County on Sept. 8, seeking about $511,000 that remains unpaid. The Goodfellows LLC owns the property, with Generation Rescue Board member Samir Patel listed as the LLC manager for Goodfellows with the Illinois Secretary of State. Patel is a defendant in the contractor’s lawsuit.
Generation Rescue's name appears on documents filed with the city of St. Charles, though – in a series of emails – Generation Rescue Executive Director Candace McDonald denied any connection.
William Bochte, attorney for JV Construction, said he rebuffed an overture for a settlement from Sunil Brahmbhatt, the personal attorney for Patel.
“He did not offer anything – he wanted to work something out,” Bochte said. “They were, in fact, walking away from the project and not going to complete it and wanted to settle with us.”
Bochte initially said he would not accept the offer to negotiate a settlement until all the defendants were served and the court in Kane County has jurisdiction over them.
“At that point in time, I would be willing to discuss settlement with him – not until,” Bochte said. “This all has to be part and parcel of a court order, if we were even going to entertain their offers. Right now, I’m not inclined. They owe my client over half a million dollars, and I am not willing to negotiate.”
Brahmbhatt said he would not comment about what he said to Bochte, citing attorney-client privilege.
In emails, McDonald stated the charity does not develop or operate health care facilities, but that it did participate as an "uncompensated adviser" early on in the project.
“Generation Rescue is not part of The Goodfellows LLC business entity, and Generation Rescue never entered into any agreement with JV Construction,” McDonald’s email stated. “Since Generation Rescue did not commission the development or construction of the clinic, it would be untrue to say that we are ‘walking away.’”