Dundee Township offices can stay in library, judge rules

A Kane County judge last week rejected Dundee Township Library's attempt to evict the township administrative staff from the library building.

The move would have broken a lease intended to last "so long as township government shall exist."

The library had argued that the lease agreement between the library and township was vague and allowed for the library to evict the township.

But Judge Gene Nottolini on Thursday ruled that the lease is "valid and enforceable."

Under the lease agreement, the township pays the library district $1 per year in rent for 3,500 square feet of space on the lower level of the Carpentersville premises.

The nominal rental, the lease states, was agreed upon when the township contributed a considerable portion of the cost to construct the library building in 1975.

At that time, the library was a branch of township government. The library became its own district in 1981 and continued to lease the space to the township for $1 per year.

A few years ago, the library district attempted to reclaim the space for its staff and programs. But the township argued the library could only claim the space it solely occupied, prompting the legal action by the library district in 2007.

"We are very pleased that the court has affirmed our longstanding agreement with the library," said Dundee Township Supervisor Sue Harney. "We need to work together to solve our space issues."

The township's attorney, Ronald Roeser, said the decision provided both parties clarity.

"There was legally questionable language in the original lease," Roeser said. "But it was construed in the favor of the township and the lease is valid."

Library Director Elisa Topper declined to comment on the advice of the library district's attorney, Roger Ritzman.

Ritzman could not be reached for comment Monday.