No decision on Geneva-Batavia library land dispute

After three years of legal wrangling, a dispute between the Geneva and Batavia Public Library districts over Batavia's annexation of 1,600 mostly undeveloped acres in western Kane County might finally come to an end.

Attorneys from both sides argued their cases Thursday before the Illinois Second District Appellate Court in Elgin.

The panel did not give a time frame for when it will render its decision.

The case revolves around whether a Kane County electoral board should have heard new information about the annexation a week after both sides first argued their case to the board.

Batavia Library trustees annexed the land in October 2006, but homeowners Russell and Lori Ott filed an objection, which if upheld would trigger a voter referendum on whether the annexation should stand.

Daniel Zack, a former Batavia Library trustee, challenged the objection, setting up a hearing before the electoral board.

"The key issue is the Otts don't live in the annexed territory, still don't and never did," Batavia Library Director George Scheetz said Thursday.

The board, however, ruled against Zack's claim that the Otts didn't live in the annexed area. Batavia trustees later discovered an error in their annexation papers that showed the Otts' land was not included.

The electoral board refused to hear the new information, but a Kane County judge ruled that it should have. Now the appellate court is being asked to decide which side is right.

"The (Kane County) court overreached, in our opinion," said Shawn Flaherty, an attorney representing the Otts. "You get one chance to bring all the facts forward."

Batavia Library attorney Bruce Roberts argued that the electoral board should have heard the new information.

"I don't think there's any question the electoral board's actions are clearly erroneous," Roberts said. "You simply cannot close your eyes and ears to information that goes to the heart of the electoral process."

Batavia Library cannot yet collect taxes on the property, which is mostly undeveloped farmland, but if it eventually can, revenues initially will be in the thousands. If homes are built on the land, tax revenue could be in the millions.