Wal-Mart suit won't keep candidates off ballot, board

A lawsuit filed against the West Dundee village board over a proposed Wal-Mart Supercenter does not preclude two trustee candidates who are plaintiffs in the case from seeking election on April 7 or bar them from serving on the board if elected, village attorneys and election lawyers say.

However, experts and village board members say a conflict of interest would arise if the candidates are elected and the board discusses the suit in executive session.

West Dundee residents Lisa Geisler and Steve Geati are among five candidates vying for three seats on the village board. The pair are also part of a lawsuit claiming the village board erroneously granted the world's largest retailer special-use permits to build at the corner of Huntley Road and Elm Avenue.

"I am not aware of any provision in the Illinois Election Code that would prohibit them from running in the election," said James Nally, a Chicago-based election lawyer. "There could be problems once they are in office. They would have to abstain from any votes on the matter. But those would have to be addressed at that time."

Incumbent trustee Norm Osth called the suit and the candidates' involvement "troubling."

A Kane County judge is set to rule on the village's motion to dismiss the case on April 7, election day.

"The village board will go into executive session on the continuation of the lawsuit," Osth said. "It would be detrimental to have people who are part-and-parcel to the discussion - and also plaintiffs - involved and knowing the village's strategy on continuing the fight."

If that situation does arise, municipal attorney Rob Bush said, while there is no rule that requires the board members to recuse themselves, common practice would have trustees step out during executive session discussions.

"Under the Illinois Open Meetings Act there is no way you can force a trustee to not attend executive session," said Bush, a partner with Chicago law firm Ancel Glick who represents villages including Lisle, which faced a similar scenario in the late 1990s.