Settlement in failed rehab center picks at old wounds
The village of Campton Hills' insurance carrier recently reached a $500,000 settlement after developers of the Kiva Recovery Center, which was rejected by trustees two years ago, threatened to file a federal discrimination lawsuit.
The failed drug treatment center is sure to be an issue in the April 7 race for village president between incumbent Patsy Smith and challenger Harry Blecker, who opposed Kiva when he successfully ran for trustee in 2013.
In a January memo to trustees, Village Attorney William Braithwaite explained the group that proposed Kiva sought to file a $4 million lawsuit arguing the village violated the Federal Fair Housing and the Americans With Disabilities acts.
Braithwaite explained the lawsuit was never filed, and previous case law that would have set a precedent for damages against Campton Hills also did not exist.
“Eventually, Kiva's attorney agreed that there was not any such case (law) but he contended the Campton Hills matter would create new law establishing that the refusal to annex was not a valid defense,” Braithwaite wrote to trustees, noting the insurance carrier negotiated a settlement of $500,000 instead of the $2 million settlement the Kiva attorneys originally wanted.
“This payment, while substantial, recognizes that the trial of a lawsuit of this kind would involve attorneys' fees and expert witness costs of several hundred thousand dollars,” Braithwaite wrote.
Village trustees voted against the Kiva plan after residents protested the 96-bed center for the former 120-acre site of a private boys school off Silver Glen Road, saying it posed security risks, would burden the village's fire and police protection, and would hurt the village's image.
Blecker will be the only name on the ballot for president on April 7; Smith, the only village president Campton Hills has ever known, is running as a write-in candidate.
Blecker, who was elected trustee two years ago because of his anti-Kiva stance, said Smith was wrong to consider the plan.
“It was well known she supported Kiva, and thought it was a good thing for the village,” Blecker said. “What she's looking at flies in the face of what the village should be.”
As president, Smith only votes to break a tie, so she did not cast a vote when trustees rejected Kiva 4-2.
Smith said the village was incorporated to give it more control over developments planned in and around it. Smith said the village considered Kiva because it could get concessions, such as $7 million in impact fees for emergency services under a proposed 20-year agreement.
She said hearing what Kiva officials had to say was a better alternative than having Kiva go to the Kane County Board, which could have approved the plan without regard to Campton Hills' interests.
“(The county) would have just approved it without any concessions or control. It's all a moot point because the board voted it down,” Smith said, painting Blecker as single-issue candidate and saying she has more overall leadership experience. “What (voters) need to look at is whether that issue prepares you to lead on a variety of issues.”