Resident sues Lake in the Hills over water

A Lake in the Hills couple is suing the village for at least $50,000, claiming that its discharge of water on their property could cause a catastrophe.

The suit, filed by Alan and Barbara Wilson this month in McHenry County Circuit Court, says the village has promised to fix the situation since 2001 but so far has taken no action.

"The Wilson property, as well as neighboring properties, are at risk of catastrophic loss from collapsing," the suit states. "The Wilsons fear that such catastrophic loss will precede the village's remediation."

Village Administrator Gerald Sagona said he could not discuss the specifics of the pending litigation, but called the suit unexpected because officials had been working with the Wilsons on a resolution.

"Mr. Wilson brought this issue to our attention and we referred it to our insurance carrier to work with him," Sagona said. "We were surprised to see this lawsuit."

The suit stems from a small water pipe that occasionally discharged water from village water mains onto a stream bank on the Wilson's property. The discharges no longer are occurring.

According to the suit, the discharges severely eroded the Wilsons' land, leading to the loss of property, a walking path and fence, and causing the land to slip and settle.

The Wilsons' attorney, Michael L. Fradin, said the village's proposals to fix the problem have fallen short of what is necessary.

"Given the lack of progress, (the Wilsons) were forced to act," he said.

The suit is scheduled to appear in court for the first time April 2 before McHenry County Judge Maureen McIntyre.