Another disconnection granted in Campton Hills

Campton Hills officials said Wednesday they won't appeal the disconnection of seven properties neighboring the village president's house.

Kane County Judge Michael J. Colwell ruled late last week to allow six homes and one undeveloped parcel in the Homeward Glen subdivision, where Village President Patsy Smith lives, to detach from the village.

Attorney Timothy Elliott, who represented the property owners, said the disconnected area is 34 acres and includes 28 residents whose land will be returned to unincorporated Kane County.

Elliott said his clients were "frustrated" with the village for opposing their petition to disconnect without putting on witnesses or introducing any evidence. "We're pleased the village chose not to put on a case, but puzzled and disappointed they didn't just consent to the disconnection outright and save everyone the expense of going to trial," he said.

Village Attorney Bill Braithwaite said there will be no appeal. The village went to trial but did not put on a case, he said, "to be sure the facts are there that would allow for disconnection.

"The village took the position that the people seeking disconnection should be required to prove their case, which they did," Braithwaite said. "We did not present any evidence or go to the expense of producing any witnesses or experts, so the result was fully anticipated."

Smith declined to comment.

Since its controversial incorporation in May 2007, Campton Hills has resisted a flood of property owners' attempts to remove their properties from the village, arguing the cumulative effect on per capita state revenue could be devastating.

In most cases, Colwell has sided with the property owners, many of whom say they simply do not want to live in an incorporated area. Braithwaite said appeals are pending in two cases the village won, but all other disconnection petitions have been decided.