Daley's attorneys also argue in the motion that there "is no good cause for compelling Mr. Daley to testify" since he gave a deposition during which "Mr. Daley's responses to these questions reflected his lack of specific recollection or knowledge concerning the various subjects raised at the deposition."



Daley is to be a key witness for the Park Grill owners, who were sued by Mayor Rahm Emanuel's administration in December 2011. The lawsuit contends the contract to run the restaurant is invalid because City Hall holds title to most of Millennium Park but the Park District made the 20-year deal with the restaurant group.



Emanuel has said "city taxpayers were taken advantage of" in the deal.



The restaurant owners, a clout-heavy investment group granted the deal to run Park Grill in 2003, argue the Daley administration knew full well all the details of the contract, and say they were taking a risk signing on to run the restaurant so soon after Sept. 11, 2001.



Daley gave a deposition in the case last August, during which he said he didn't remember key aspects of the design and construction of Millennium Park, one of the signature achievements of his 22-year administration.



Park Grill attorney Stephen Novack said today that the move to keep Daley off the witness stand is another attempt to prevent the truth from coming out.



"The evidence shows this was a transparent and fair deal that Mayor Daley and other city officials approved," Novack said. "The mayor's alleged lack of memory and this attempt to keep him from testifying in open court is consistent with the city's efforts to keep the truth from coming out."



The case is scheduled to resume Tuesday, and attorneys could argue the motion then.



jebyrne@tribune.com