Campton Hills to fight disconnection

Campton Hills officials are taking their border battle to a higher court, even as a flurry of properties this week filed more petitions to secede.

After spending hours behind closed doors with legal counsel, trustees voted "reluctantly but unanimously" late Tuesday to appeal Kane County Judge Michael J. Colwell's decision last month to revert five neighborhoods to unincorporated turf.

The move came as at least eight additional groups of properties -- including two parcels across the street from the village president's house -- filed to detach as well.

Village Attorney Bill Braithwaite called the large number of disconnection cases facing the village "unusual circumstances" that warrant further review by the 2nd Judicial Appellate Court.

In the past, the village has argued that dismantling parts of the 20-square-mile area incorporated last spring will result in a devastating loss of per-capita state revenue. But so far the cases have been considered individually, making it difficult for the village to cite the cumulative effect as its primary defense.

"The existing case law does not adequately address the unprecedented set of circumstances facing a newly incorporated municipality," the board said in a statement Wednesday. "We think it is important that the appellate court consider the cumulative effect of these disconnection cases."

Timothy Elliott, the attorney representing two areas that won detachment rights last month, said he was not surprised by the appeals but was "very disappointed."

"We wish the village would spend taxpayer money in ways other than fighting to keep people in the village," he said. "We would prefer that they let us go and respect the judge's ruling."

Elliott also is representing four areas totaling some 852 acres that filed to disconnect this week. About 157 houses and several large farmsteads make up the land, he said. Two 10-acre parcels are in the Homeward Glen subdivision, across from Village President Patsy Smith's house; other properties include Corron Farm and the Sunset Villa and Foxfield subdivisions.

"Everyone leaving wants to leave for a different reason, but if there's one theme it's the uncertainty of this village," Elliott said, noting that his clients are skeptical of the village's financial stability and policies. "They're not sure what they're going to get with the village, and they don't want to take their chances."

Three other petitions were filed Tuesday by attorney and longtime village opponent Rob Villa. Those cases involve the subdivisions of Campton Trails and Bridle Creek as well as eight parcels along Beith Road, totaling 217 acres and about 90 homes.

"Ultimately, they know there's a distinction between preserving the character out here and preserving an entirely new layer of government," Villa said.

This week's spike in disconnection filings likely was prompted by a rapidly approaching deadline to do so.

State statute allows properties to file for disconnection with as little as 51 percent support from owners for one year after a municipality's incorporation; beyond that, all owners must agree. The one-year deadline in Campton Hills is today -- exactly one year after the village won incorporation rights through a voter referendum.

At Tuesday's village board meeting, several members of the public spoke in favor of keeping the village intact.

"I expect everyone to keep every acre in this village exactly as it was incorporated," resident John Pree told board members, adding: "Appeal, appeal, appeal."

The village president could not be reached for comment Wednesday, but she told Tuesday's audience the board was "trying to represent all sides" and vowed to "make decisions in a financially responsible manner.

"This is not an easy decision for any of us," she said.