Judge considering Fox River Grove subdivision's plea for independence

A McHenry County judge will rule next month whether about two dozen residents of a Fox River Grove subdivision can declare their independence from the village.

Judge Michael Sullivan heard final testimony and closing arguments Monday on a petition from homeowners in Welch's subdivision, situated in Fox River Grove's southeast corner, to split from a village they never wanted to be part of in the first place.

"None of us wanted it," said Bill Bailey, who has lived in the subdivision for more than 40 years. "There is no benefit of being in Fox River Grove."

Village officials forcibly annexed the 22-acre subdivision in June 2006, primarily to block plans for a 192-foot cellular communications tower nearby. Residents sued for disconnection about four months later, sparking a courtroom battle that culminated with a trial that began late last month and wrapped up Monday before Sullivan.

Bailey and other residents who were in court Monday said the village has failed to live up to promises about streetlights and maintenance. The residents said they do not receive water, sewer or garbage collection from the village.

"We were taken better care of by Algonquin Township for years," Bailey said.

The village's attorney, John Donahue, painted the residents as would-be freeloaders who don't want to pay village taxes, but will benefit from its infrastructure.

"People should pay for what they're getting," he said. "They're asking for disconnection so they don't have to pay their fair share for the roads they use."

Donahue argued allowing the subdivision to disconnect - reverting it to unincorporated McHenry County - would also disrupt the village's long-term plans for development along Route 14.

But the residents' attorney, Michael Furlong, labeled those plans "pie in the sky stuff" and argued that any damage to the village would be minimal. The homeowners, he said, pay about $29,000 a year in village taxes, a small amount relative to the town's $11 million budget.

"Nobody is arguing there won't be any loss of tax revenue, but the standard here is whether it's going to do undue harm," Furlong said.

Sullivan said he would issue his decision by Sept. 30.