Village Dispute over Sewer Service Boundary

• Client: Chicago-area suburb
• Date: 2008
• Location: Illinois

Summary:

The Chicago Metropolitan Agency for Planning (CMAP) and the Illinois Environmental Protection Agency (IEPA) oversee the approval of local government boundaries for the purposes of providing sanitary sewer service. This important and often controversial approval process centers on land development "control;" specifically, once a municipality provides a utility service to a geographic area, in many instances it will annex that area into its jurisdiction.

In late 2008, a village in suburban Chicago requested Schiff Hardin's help in a dispute with a neighboring community. Our client had planned to spend more than $12 million on sewer system expansion, and designed for the necessary service improvements. It was in the process of seeking boundary approval from both CMAP and IEPA when a neighboring village attempted to move into the same unincorporated area.

Our attorneys, working with the village and its consultant, were able to get the neighboring village to drop its plan to move into the area in question. Ultimately, the two municipalities entered into a boundary agreement that resulted in a more cooperative and mutually beneficial relationship.