Will County Board Republicans sue county executive over 143rd Street project veto

By MICHELLE MULLINS | Chicago Tribune

PUBLISHED: April 23, 2024 at 3:00 p.m. | UPDATED: April 23, 2024 at 3:58 p.m.

Will County Board Republicans have filed a lawsuit against County Executive Jennifer Bertino-Tarrant in order to stop the planned widening of 143rd Street in Homer Glen.

The plaintiffs include 10 of the 12 Will County Board members, all Republicans, who voted to stop the road expansion project Feb. 15.

Two Democrats, Sherry Williams of Crest Hill and Destinee Ortiz of Romeoville, also voted to stop the 143rd Street widening project, but they are not listed as plaintiffs in the lawsuit against Bertino-Tarrant, a Democrat. Republican Mark Revis of Plainfield was the only Republican to support the 143rd Street expansion project and is not part of the lawsuit.

The Will County Division of Transportation has prepared since 2009 to widen 143rd Street from State Street/Lemont Road to Bell Road from two to five lanes.

“It is unfortunate that Republican members of the County Board are focusing their time on an unfounded lawsuit, without regard to its legality,” Bertino-Tarrant said. “I believe that the $6.2 million of taxpayer dollars that has already been invested in this project will improve access and safety for residents. This is why the County Board has voted repeatedly for this project over the years, including the members who signed onto this lawsuit.”

Bertino-Tarrant inadvertently signed the resolution that stopped the widening Feb. 16, realized her mistake and then vetoed it the next day. The County Board did not have enough votes to override the veto.

The lawsuit, filed April 18 by attorneys Steven Laduzinsky, John Partelow and Jeff Tomczak, said there is no authority in Illinois law that allows a county executive to sign and approve a resolution and then subsequently veto it. The lawsuit cites the Illinois Counties Code that says when the executive approved the resolution on Feb. 16 it became law.

The lawsuit asks the Feb. 15 vote by the County Board to stop the widening project stand and that Bertino-Tarrant’s veto be declared null and void.

The lawsuit says the plaintiffs lack a remedy if the executive’s veto is not nullified and the public’s interest would be harmed.

“Money damages are not an adequate remedy,” the lawsuit said.

The County Board previously voted to direct the Will County state’s attorney to file litigation against Bertino-Tarrant, saying the document she signed in error should be enforced. These resolutions were also vetoed.

The state’s attorney’s office wrote Bertino-Tarrant’s original veto was valid and the board does not have authority to hire separate attorneys.

“The state’s attorney has repeatedly made it clear that the County Board members do not have grounds to file this lawsuit,” said Mike Theodore, spokesman for the executive’s office. “The County Board, including the members who signed on to this lawsuit, have voted repeatedly for this expansion project. They also voted to include quick-take negotiations for project right of way in their legislative agenda.”

Laduzkinsky said he disagrees, and there is a clear conflict of interest allowing the board to have its own representation. Taxpayers would be responsible for the cost of the lawsuit.

“Signatures matter,” Laduzinsky said. “When the County Board votes on something and the county executive signs it and delivers it to the appropriate authority, the action is done.”

In the last several months, residents and elected officials of Homer Glen and Homer Township have protested the plans, saying the widened road would disrupt the rural feel of the area, increase traffic and speeding and seize their land. County board members urged the transportation division to reduce the scope of the project and consider adding a third turning lane.

Homer Township attorney Ross Secler said the County Board members were affected by the executive’s actions and would be the best ones to challenge her directly through a lawsuit. He said he is monitoring the situation, and that it is still being explored whether the township or road district gets involved with a lawsuit.

The county is actively negotiating with property owners to acquire 116 parcels.

County Board Republican Leader Steve Balich, whose district includes the widening project, said he believes the Republicans will win their lawsuit.

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He said the residents along 143rd Street should not sell their property or negotiate with authorities until the lawsuit is decided. Since December, hundreds of emails have been sent to county officials urging them to stop the project. Residents have also turned up to board meetings en masse to protest.

“We are trying to find a way to stop this,” Balich said. “Our job is to protect the people and the people overwhelmingly don’t want this road. It will destroy this town.”

Michelle Mullins is a freelance reporter.