Prospect Heights pursues $100,000 countersuit against plaintiffs

Prospect Heights has slapped a $100,000 countersuit on 10 residents who are suing the village over a $2.8 million water project, which is in jeopardy due to litigation against it.

The attorney for the 10 residents, Nick Kefalos, characterized the city's suit against his plaintiffs as "ridiculous," saying the city is trying to frame his clients' suit as a public nuisance. He said next week he plans on asking a judge to dismiss it.

City attorney Mike Zimmermann said Prospect Heights' suit is far from ridiculous considering the plaintiffs are jeopardizing the project. The suit has called into question the city's ability to take out long-term loans to finish it. Financial institutions won't enter into such agreements when a major lawsuit is pending, Zimmermann said.

The city's suit says the plaintiff's suit threatens to increase the city's construction costs through suspension of the project and to impede Lake Claire homeowners from getting water. It requires the plaintiffs to "abate the public nuisance (and) cease further abuses of the legal process."

The city has continued with the project to bring Lake Michigan water to 160 properties in the subdivision and along parts of Wheeling Road. Currently, the areas use well water, which city officials say smells and tastes bad. The majority of the plaintiffs live in homes along Wheeling Road, which is not part of the subdivision.

Construction crews have been laying underground pipes near the corner of Wheeling and Camp McDonald roads, expecting to be finished by the end of the year.

Kefalos said his clients object to the way the city handled approval of the project, which is the basis of the suit. Also, it was never explained properly how the project would affect the plaintiffs financially, he said.

Mayor Pat Ludvigsen has maintained the city hasn't committed any procedural errors in approving the project.