Prospect Hts. in holding pattern over water fight

Prospect Heights awaits the legal response from eight homeowners who oppose Lake Michigan water coming to their area and whose pending lawsuit jeopardizes the $2.8 million project.

The city this month embarked on groundwork to bring Lake Michigan water to more than 160 homes in the Lake Claire subdivision and along parts of Wheeling Road. Construction crews are laying underground pipes near the corner of Wheeling and Camp McDonald roads and expect to finish by the end of the year.

But that not might happen if a group of eight homeowners, mostly along Wheeling Road, get their way.

A request by the residents for an injunction to stop the work was denied but did call the project into question by preventing the city from taking out long-term loans, said city attorney Mike Zimmermann. Financial institutions won't enter into such agreements when a lawsuit looms, he said.

The judge gave the plaintiffs until Aug. 7 to refile their suit.

The resident plaintiffs are currently considering their options, said Nicholas Kefalos of Chicago-based Vernor Moran law firm.

Kefalos said his clients object to the way the city presented the project. While it held a public meeting on financing it, the city didn't do the same for the project itself, so residents felt pushed around. Also, they still don't know how the move would affect them, especially financially.

"Basically, it's command control," Kefalos said. "It was jammed down their throats."

Legally, the city didn't follow proper procedures by not presenting a public plan, he said.

But Acting Mayor Pat Ludvigsen disputes that the city committed any procedural errors, saying it followed the process "to the letter," holding numerous meetings.

"We are confident they have (no case)," Ludvigsen said.

By filing before the Aug. 7 deadline, the group could keep the same judge, who has presided over the case. The group could miss the deadline and file at a later time with a new judge, but in the meantime, there'd be no legal action pending against the city, Kefalos said.

The majority of homeowners in the Lake Claire subdivision want Lake Michigan water instead of well water, Ludvigsen said. Many have complained of the well water's high iron content, which affects taste and smell. Also, at times, the water has been cloudy and sometimes has come out in a trickle in some homes, he said.