Lisle wins lawsuit over water service

A lengthy legal battle that cost more than $1.3 million and pitted a group of residents against the village of Lisle over a private utility’s water service has finally come to an end.

Village officials announced Tuesday that the 30-day period for the plaintiffs to appeal has expired, following a DuPage County judge’s dismissal in October of the lawsuit. It originally was filed in federal court in 2007 by residents of Lisle’s Oakview subdivision,

“Of course it’s gratifying to prevail in court, but this is no cause for celebration,” Mayor Joe Broda said in a statement. “It was a needless waste of money. This litigation was ill-advised. We never doubted for a moment that as a matter of law, the village would prevail.”

Susan and Jeffrey Srail originally sued Illinois-American Water Co. and the village of Lisle, claiming that the private utility failed to provide sufficient water pressure to put out a fire.

When the lawsuit was filed in May 2007, the homeowners’ attorney contended that Illinois American was providing water pressure below state requirements. The lawsuit blamed the village for failing to use its powers to force the utility to offer better service or to offer Lake Michigan water to Oakview. After a federal judge ruled against the plaintiffs in 2008, they filed suit in DuPage County and again argued negligence against the village. DuPage Circuit Judge Thomas Dudgeon in May dismissed two of three counts in the lawsuit before dismissing the last count on Oct. 25, officials said.

Village officials said all the litigation cost the village and its insurance provider more than $1.3 million. More than $400,000 was paid directly by the village.

As part of the federal court ruling, Judge Matthew Kennelly rejected the plaintiffs’ claim that their case involved “issues of substantial public importance” and ordered them to pay more than $19,000 in court costs, Lisle officials said. The village and its insurance provider decided not to impose those charges on the plaintiffs.

Lisle officials say there were “no winners” in the litigation.

“Oakview is a wonderful subdivision with many great people,” Broda said. “But I believe only a few people sold a bill of goods to the general population of the subdivision that somehow they could get something for next to nothing.”

Despite earlier attempts by the village to settle the dispute, Broda said officials “couldn’t even come close to settlement” because the plaintiffs wanted “huge” legal bills paid and a water main installed “at terms far more favorable to what anyone else would be required to pay.”

“The village board sincerely wanted to help these residents confront a problem that was not of our own making,” Broda said “The plaintiffs chose to treat us as the cause of their problem, and we knew any competent judge would not agree with them.”

Telephone messages left Tuesday with the plaintiffs’ attorneys weren’t returned.

Lisle didn’t construct its own water system until 1967. By that time, some portions of the community already were being served by private companies.

Oakview was built in the 1950s and has received private water and sewer service since its creation. Illinois American has owned and operated the subdivision’s water and sewer system since 2001.