Residents sue Prospect Hts. over lake water

The Prospect Heights fight over Lake Michigan water will continue after eight residents decided to proceed with legal action against the $2.8 million project, continuing a battle which began last month.

The plaintiffs' attorney filed Thursday for a court date on a new motion. A judge set it for a hearing 9:30 a.m. Aug. 15 at the Daley Center in Chicago.

City officials have said the plaintiffs' legal action threatens the project since it calls into question the city's ability to take out long-term loans to finish the project. Financial institutions won't enter into such agreements when a lawsuit looms, said Mike Zimmermann, city attorney.

The city kept on laying pipes for the project to bring Lake Michigan water to more than 160 properties in the Lake Claire subdivision and along parts of Wheeling Road while waiting for a legal reply from the residents after a circuit court judge two weeks ago gave the plaintiffs until Thursday to file a new suit.

The plaintiffs' attorney, Nicholas Kefalos, had previously asked the judge to consider legal action that'd place the burden on the city to prove it followed proper procedure when it approved the project.

The judge dismissed that suit, but told Kefalos he could file another suit. Instead, Kefalos on Thursday asked the judge to send his previous suit to an appellate court for review. Next week, the judge will consider the merits of Kefalos' argument.

Construction crews are laying underground pipes near the corner of Wheeling and Camp McDonald roads, expecting to finish by the end of the year.

Kefalos said his clients object to the way the city handled approval of the project. Acting Mayor Pat Ludvigsen has maintained the city didn't commit any procedural errors in approving the project.

The majority of homeowners in the Lake Claire subdivision want Lake Michigan water instead of well water, city officials said.