Judge rules against new Grafton Township hall

Plans to build a new, $3.5 million Grafton Township hall are on hold after a McHenry County judge Monday issued an injunction against the township.

Judge Michael Caldwell's injunction prevents the township from building new offices until the dispute over the proposed building is resolved in court.

"It prevents the township from building a township hall at this point," township attorney Jim Kelly said.

Township leaders have not yet decided whether to appeal the ruling, but Kelly said township officials plan to reach a decision by Tuesday morning.

Supporters of building new township offices in Lake in the Hills, including outgoing Supervisor John Rossi and the incumbent trustees, say the township government needs to grow along with the communities it serves.

Opponents, led by incoming Supervisor Linda Moore, say the new building is not needed and that taxes would go up to pay for the construction.

Moore edged out Rossi in February's Republican primary and was unopposed in April's general election.

In his oral decision Monday, Caldwell said the township did not provide adequate notice to residents in advance of a July 17, 2008, meeting at which the township board approved a debt certificate to pay for the building.

The failure to properly notify residents, Caldwell argued in his decision, renders the township board's decision to issue the debt certificate invalid.

Opponents of the new township hall welcomed the ruling, which calls into question the legality of the funding mechanism for the new building.

"My clients fought the fight, prevailed and are thrilled," said Jim Bishop, who represents opponents of the building. "For once, the taxpayer and the little guy prevails."

Kelly disputed Caldwell's rationale, saying, "I think we complied with all the requirements of the Open Meetings Act," which dictates how government bodies must notify the public of their meetings.

Bishop is seeking a permanent injunction that would prevent construction until voters can weigh in on the issue at the next general election.

Township officials want the court to dismiss last month's temporary restraining order, which has prevented the township board from awarding contracts for the construction of the new offices.