Kane County to reconsider drug treatment facility outside Campton Hills

With the threat of a $68 million civil rights lawsuit hanging over their heads, Kane County Board members voted Tuesday to push the reset button on plans to bring a drug and alcohol treatment center to Campton Hills' border.

The same board voted 15-6 - with one abstention and one "present" vote - in March to deny a zoning application by Maxxam Partners LLC. The group planned to build a 120-bed, private treatment center on the former site of Glenwood Academy on Silver Glen Road. The average cost for treatment would have averaged $1,000 a day.

The board voted 17-3 Tuesday to rescind that March vote. County board members, and an attorney for Maxxam said it's possible there will be some modifications to the plan when it comes back for consideration. One main difference is the $68 million possible price tag if Maxxam walks away again with a feeling that its prospective patients weren't given "reasonable accommodations" in the county board's consideration.

That "reasonable accommodations" phrase first came up during March when attorneys for Maxxam said federal civil rights law requires reasonable accommodations for people with the disability of drug addiction. Kurt Kojzarek used that same phrase Tuesday in explaining why his development committee will once again consider permitting the treatment center.

"Per the (Americans with Disabilities Act), we are supposed to provide reasonable accommodation whenever possible," Kojzarek said. "We'll let them go through the process again with a fresh hearing. We'll see what they come forward with. We want to make sure they'll have every opportunity to make their case. Any potential lawsuit or any threats had no bearing."

Campton Hills Village President Harry Blecker said he believed the threat of a lawsuit was the only reason the board decided to reconsider the plan. Blecker only learned of the board's intent to reconsider late Monday night.

"Unless there are material changes to this petition, which the village of Campton Hills has not been made aware of, the facts remain the same," Blecker said. "As elected officials it is our duty to vote in the best interests of the community and not be bullied by the threats of lawsuits."

Barb Wojnicki represents the county board district where the Maxxam facility would be located. She just learned Tuesday the county engaged in negotiations with Maxxam for months leading up to Tuesday's vote. Wojnicki said the county board must not forget all the reasons it voted down the treatment center in the first place.

"The board made their decisions on the findings of fact," she said. "And I think that was the correct decision. Then the petitioners threatened a very large lawsuit. But I think if this moves forward, and the county board does vote 'yes,' there will be other lawsuits from those who are opposed. This won't be the end."

The process will start over with public hearings by the county's zoning board of appeals. A date for the first hearing has not yet been set.