Campton Hills sued over Fox Mill pond erosion fine

Campton Hills is being sued by Fox Mill Ltd. over a $26,250 fine the village levied regarding upkeep of a detention pond in the Fox Mill subdivision.

The action, filed Monday in Kane County Circuit Court, asks a judge to vacate the decision made by the village’s hearing officer June 30.

According to exhibits attached to the suit, the village charged Fox Mill with violating the Kane County Stormwater Ordinance by not fixing shoreline erosion that the village said created a drop-off that was “a danger to persons and property.” The pond, which is south of Margaret Mitchell Road, is one of six in the subdivision, and is otherwise called Swan Lake, according to the suit.

The suit says Fox Mill Ltd. was notified in January about the erosion, and that its representatives asked to meet with village officials to inspect the pond and discuss who should fix it — the development firm or the subdivision’s homeowner’s association.

On July 11, the village served the defendant with a notice of the hearing decision. Fox Mill representatives maintain that between January and July, no village officials contacted them.

It also maintains that the required notice of the hearing was sent to an incorrect address. The suit states that Fox Mill “has never maintained an address” at 4N701 School Road in Campton Hills, where the notice was sent, and that its registered agent’s office is in downtown St. Charles. Fox Mill subdivision was developed by B & B Enterprises, which did have a lawyer with an office at the School Road address. Fox Mill’s current attorney had an office in that building until May 1, according to exhibits in the suit. It is not clear if he was Fox Mill’s attorney when the notice of violation was sent out.

B & B Enterprises was initially named on the pond complaint, but later dropped.

And the lawsuit contends that the village doesn’t have the authority to make anyone fix the pond. The village, like all others in Kane County, is governed by the Kane County Stormwater Ordinance. The county delegates enforcement to villages that have undergone certification on it. Campton Hills has not done that.

A representative of Fox Mill Ltd. could not be reached for comment Wednesday. Campton Hills Village President Patsy Smith said she received the lawsuit Wednesday afternoon and hadn’t read all of it yet, so declined to comment about the allegations.

The Fox Mill subdivision has 679 homes.