A developer is suing the Village of Fox River Grove for requiring $431,000 in sewer work he claims was not necessary.
In 1995, Terrestris Development Co. agreed to improve sanitary sewer lines that would allow them to build about 95 homes in the area along the Fox River known as Picnic Grove. The suit, which was filed Tuesday, said the company agreed to do the work because village officials said the sanitary sewer system was at capacity.
However, work crews repaired 19 sewer lines in the Picnic Grove area without corresponding improvements in capacity, according to the developer’s attorney, David McCardle.
In April of 1996, workers discovered readings at a nearby pumping station were wrong and the sewer lines were only about a quarter of capacity, McCardle said.
“We agreed to the work based on the fact that there wasn’t enough capacity for the development,” McCardle said. “But there was. It is just like if I was to connect my house up to existing lines within the [village] limits. I have a right to do that.”
Village President Steven Tasch said Wednesday he had not seen the suit, but denied the general allegation that the village misunderstood its own sewer system.
“We’ll be talking about this with the Village Board, but I can say I believe we will be denying this and that we don’t owe them one penny. We will defend this vigorously,” Tasch said.
The damages sought in the suit conceivably could be crippling to the small village if the developers win.
The $431,000 complaint equals roughly 80 percent of an entire year’s collection of property taxes for the village. Village Atty. Peter Rosenthal said Fox River Grove carries litigation insurance, but he said he would have to review the suit before he could tell if the village is covered.
