“Homewood Five” Resident Taxpayers Added as Defendants to Disconnection Suit
HOMEWOOD, Ill.– April 2, 2021 — Judge Maureen Ward Kirby has ruled on Thursday, April 1, 2021, that five Homewood resident taxpayers (“Homewood Five”) can defend the disconnection suit W&E Ventures filed against the Village of Homewood. The Court has allowed the plaintiff two weeks to correct their initial filing, and the Homewood Five must answer their petition by April 22, 2021.
The Court’s decision was based on an Illinois Supreme Court case that gives taxpayers of a village certain rights when land is sought to be disconnected. W&E claimed that the Homewood Five’s request to intervene was too late, but that argument was shot down by the Court because the Court recognized that the Homewood Five acted reasonably in light of the unique circumstances of the case.
W&E’s attorney argued that Homewood residents should have sought legal counsel and attempted to join the suit when it was initially filed in 2019. Judge Kirby ruled that the case has only been at issue since October 2020 when the Court allowed the substitution of W&E Ventures for CCC Investors, LLC as plaintiff. Homewood Five’s argument, presented by their counsel Patrick Keating, was that residents in Homewood were not aware of the terms of the settlement until late January 2021 and did not have a copy of the settlement until the end of February as a result of a FOIA request.
Keating and James Tunick, who is assisting with court hearings and trial work, said in a joint statement, “This was a very reasoned and equitable decision made by Judge Kirby which required a diligent review of all Illinois cases in this area of law." The decision was based on 1936 Illinois case law, which the Court ruled was still “good” law. Keating said, “We look forward to trying this case.”
South Suburbs for Greenspace over Concrete (SSGOC) is proud to sponsor this precedent-setting, historic litigation defense, which can offer other communities a path for fighting environmental injustice because developers’ use of the disconnection statute to skirt municipal ordinances and zoning and the pitting of municipalities against each other is a common tactic.
To continue supporting the Homewood Five’s legal defense, SSGOC will be holding a virtual silent auction on April 10, 2021 from 6:30 – 9 p.m. The group is currently accepting baskets, goods, and services from local businesses, individuals, and families.
About South Suburbs for Greenspace over Concrete
A multi-racial group of concerned residents of Homewood, Hazel Crest, East Hazel Crest, Flossmoor, Chicago Heights, South Holland and Glenwood formed in opposition to Diversified Partner LLC’s planned development of Calumet Country Club (2136 175th St, Homewood, IL 60430) into a fulfillment/trucking hub. The group is a campaign of SAFE.
About Illinois Southland Against Fossil Energy
Illinois Southland Against Fossil Energy was founded in response to the proposed gas-burning power plant in Glenwood. SAFE is building an inclusive, multi-racial coalition that believes the Southland needs and deserves a clean environment, clean government, healthy people, and a healthy economy.