Court rules against Grafton Township building

Supporters of a new Grafton Township hall will have to wait until next year at the earliest to pursue the $3.5 million building.

An Illinois appeals court ruled on Friday in favor of a group of Grafton Township residents who sued the township to stop the construction of the new offices township officials hoped to build in Lake in the Hills.

The appeals court affirmed a lower court's ruling that the township board did not provide proper notices to the public - invalidating the board's votes to build and finance new township offices.

As a result, McHenry County Judge Michael Caldwell's May ruling - which prevents the township from acting until an April 2010 town meeting - still stands.

The issue may be decided by voters anyway, as it will appear on the ballot at the November 2010 general election.

While welcoming the appellate court victory, the plaintiffs' attorney warned more legal action against the township is in the offing.

"Financial records are missing ... and we intend to get all of that information and determine where the monies have gone," Jim Bishop said. "I would expect additional litigation to be filed against Grafton Township in the near future."

There have been allegations that the township's lease with the highway department and the transfer of property to the Grafton Township Food Pantry were not done properly.

Township Trustee Rob LaPorta, who supports a new township hall and was on the board at the time of the alleged improprieties, said recently he supports reviewing those transactions to determine if any mistakes were made.

"If there's any administrative (procedures) that have not been completed, I recommend they be completed," LaPorta said. "It's nothing more than minor paperwork issues."

Jim Kelly, who is representing the township, said the township hall question could still go to trial at a lower court but that in light of the township's recent decision to cancel the loan for the building, it will be difficult for officials to start construction anytime soon.

"The chance of building the building at this point is relatively minor," Kelly said. "I just don't see how they could do it without funding."

Although Kelly, who is no longer township attorney, would probably not defend the township against any further lawsuits, he questioned whether the litigation would stand up in court.

"Citizens can't just bring lawsuits like that," Kelly said. "I don't see how they have standing whatsoever."