Johnsburg SSA trial focuses on process

From the Wednesday, Oct. 1, 2008 edition of the Northwest Herald:

Johnsburg SSA trial focuses on process
By DIANA SROKA - dsroka@nwherald.com

WOODSTOCK – The court battle that will decide whether the village of Johnsburg can move forward on a $10 million sewer project is under way.

Attorneys representing both the village and opponents of the project delivered opening statements and began witness questioning Tuesday in McHenry County Court.

In June 2007, the Johnsburg village board proposed funding a sewer system project through a special service area, or SSA. Residents living within the boundaries of the SSA would pay either $14,800 up front or $21,600 in their property tax bills over the next 20 years to fund the project.

Two months later, some residents filed a petition to stop the project. The village disputed some of the signatures on the petition, so some residents decided to sue the village to keep the project from continuing.

Signatures from 51 percent of residents affected by the SSA were needed to halt the project. The trial will determine whether opponents met that threshold.

During opening statements Tuesday, James Kelly, the attorney representing the opponents of the project, called the petition system a "backwards referendum" and the process the village used to evaluate the petition "flawed."

"What we hear from the village was it was overly burdensome for them to get it right," Kelly said.

Meanwhile, the village's attorney, Kevin Costello, defended the village's procedure.

"[The opponents] don't have to prove they have 51 percent... the village has to prove they do not," Costello said.

Two village employees testified Tuesday: Director of Village Operations Claudett Peters and Deputy Clerk Faith Brady.

Brady was questioned by Kelly about the procedure used to notify residents of the public hearing about the project.

Peters was questioned for more than three hours about the process used to determine which signatures from the petition were invalid and who made these decisions.

Judge Maureen P. McIntyre is presiding over the case, which is expected to last four days.

Village officials have been adamant that if the court decides the village can move forward with the project, the cost will have increased due to the time lapse, and residents in the 545 households in the SSA will pay a higher price than was marketed by the village last year. Village officials have not yet determined how the cost of legal fees over the litigation will be paid.

The trial will resume today.