Lake Zurich mayor's husband sues over tax district
The husband of Lake Zurich Mayor Suzanne Branding is suing the village in an attempt to wipe out the controversial special taxing district established to fund the downtown redevelopment project.
Frederick Branding said he filed the suit in an attempt to protect his Shady Oaks Bed and Breakfast at 15 Lake View Place, which is located within the tax increment financing district.
Branding, who owns the bed and breakfast with wife Suzanne, said he has repeatedly asked the village board to remove his property from the TIF district, but that hasn't happened.
"Our property was already promised to a developer back in 2003," Frederick Branding said. "I am just trying to protect my property from being taken and developed out from under me."
He filed the lawsuit Nov. 16 in Lake County circuit court.
Suzanne Branding said she was unable to comment about the lawsuit due to her role as mayor.
Village manager Bob Vitas said he and other village officials - including trustees - were unable to comment because it involves pending litigation and can only be discussed in executive session.
In the complaint, Frederick Branding requests the property be removed from the TIF district, and that the district be dissolved.
A TIF is a program used by municipalities to recapture property tax money for funding redevelopment of blighted areas. Property tax rates are frozen when a TIF is established, then, as property values rise over the years, the excess money is given back to the redevelopment project.
Under TIF laws, villages also have more rights when it comes to seizing property through eminent domain for future development.
With his property located within the TIF district along the shores of Lake Zurich, Branding said future village boards could attempt to seize it for development.
"Another mayor once asked me how much I wanted for my property so they could put up a waterfront restaurant," he said. "This is what I'm protecting."
Branding said his lawsuit asks that the TIF district be declared unlawful because if the courts find against removing his property, he will seek to dissolve the district.
"I never wanted to do this, I never wanted to create World War 3 here. I just want village officials to do the right thing," he said. "Our property is vulnerable and could be taken away from us for future development."
Lake Zurich officials created the TIF district across the downtown area in 2002, and have been collecting TIF money and using it for redevelopment purposes.
The village has spent more than $32 million on the TIF district, but critics have complained that relatively little development has taken place.