Group seeks to block Campton Hills dissolution referendum

Four Campton Hills residents are taking Kane County Clerk Jack Cunningham to court over a controversial move to dissolve their town via referendum.

In a lawsuit filed Friday, citizens Edward Fiala, Aubrey Neville, Nancy Nickels and Linda Smith argue that the referendum question- asking residents whether the village should be dissolved - was never intended for the Nov. 4 ballot and is invalid.

The suit, which also names referendum proponent Chris Baldwin as a defendant, seeks emergency relief in the form of a judge's order blocking the referendum question from appearing on the ballot.

The main issue up for consideration is the wording referendum supporters chose when filing paperwork in January 2007 to put the question before voters. At the time, they requested the referendum be in the "next election," though unrelated legal issues kept it from moving forward.

"The law is quite clear that they could have worded the question for any election and it automatically would then go to the next one," said Bill Braithwaite, who's law firm Arnstein & Lehr represents the plaintiffs. "However, they chose in wording this to say 'next election,' and clearly the next election was February."

Cunningham declined to comment on the lawsuit Monday but said he hopes to have the matter resolved quickly. With less than 12 weeks until the election, his office is running up against several early September deadlines for finalizing absentee ballots for about 43 Campton Hills voters.

"The quicker this is resolved, the better," Cunningham said.

Responding to the lawsuit, Baldwin pointed out the question was upheld last year by the Kane County Electoral Board and considered valid in various other court proceedings. He also noted Arnstein & Lehr's position as the village's law firm, in addition to representing the plaintiffs.

"I think it (the suit) is indicative of what's really going on in the village, and that is we have a law firm that has created this thing and will do whatever is needed to protect it," Baldwin said. "We intend to follow the law and are going to protect our dissolution petition."

Katherine Moran of the Kane County State's Attorney's Civil Division said she will represent Cunningham but declined further comment.

Last month, village officials announced they planned to sue Baldwin and Cunningham to keep the question from appearing on the ballot, though no such lawsuit was ever filed.

On Monday, Braithwaite, who is the village's lead attorney, said village officials decided not to sue after learning Fiala, Neville, Nickels and Smith intended to move forward with a lawsuit of their own. He added that separate legal questions involving the ability of a municipality to sue its own voters might have only stalled the case if the village had gone to court.

"We think the village had every right to defend its own existence ... but since these people stepped up there was no need to have the village involved," Braithwaite said.

The plaintiffs are expected in court today to request an expedited ruling from Kane County Judge Michael Colwell.