Water line work can proceed - at Prospect Heights' risk

The city of Prospect Heights can continue laying pipe to connect the Lake Clair neighborhood to the Lake Michigan water system, but if it loses a legal fight, it risks incurring the project's costs without the benefit of a special mechanism to pay for it, a Cook County judge noted Wednesday.

The emergency hearing Wednesday came after some residents of Wheeling Road filed suit Monday against the city, alleging the city didn't follow the proper legal steps in setting up the project. Monday was also the same day the city broke ground.

"We have 300 feet of pipe in the ground today," city attorney Mike Zimmerman told Cook County Chancery Judge Stuart E. Palmer.

Palmer declined to hear about the merits of the complaint, instead ordering the parties to file legal briefs to first determine if the lawsuit was brought under the proper legal avenue, known as a "quo warranto" action. City attorney Mike Zimmerman argued that the plaintiff's attorneys, Nicholas C. Kefalos and Adolfo Mondragon, cannot use that mechanism.

Both sides will be back in court July 24 at 3 p.m. to determine if the suit can continue as filed and, possibly, if an injunction stopping the project should be entered.

In the meantime, the city can continue laying pipe, Palmer said, adding, "They're (city leaders) going to do that at their own risk."

Both sides are pushing for a quick decision. The plaintiffs want one because they want the project stopped immediately and the city wants one because the bonds for the deal are to be issued soon.

"The lenders won't be happy" if there's a pending injunction still left to be decided when the bonds are to be issued, Zimmerman told Palmer.