Behind the suburban scenes: Warrenville asks Naperville School District 203 to stop expensive lawsuit

I posted last November about a Warrenville newsletter where the mayor expressed his displeasure that a new Cantera business had invited the mayor of Naperville to its opening but not the mayor of Warrenville. I was surprised at the reaction, which was quite unusual to see in a newsletter to the whole community, but I wonder it might be tied to a eight-year expensive lawsuit over tax revenue from Cantera:

Warrenville officials are campaigning to end an eight-year court battle over taxes with a Naperville school district.

The case returns to court Thursday, two days after leaders of five government bodies in Warrenville presented the Naperville Unit District 203 school board with a letter saying the lawsuit concerning a special taxing district has cost all parties involved more than $803,000 since 2005…

The lawsuit was filed by the district in March 2005 over the use of funds from the Cantera tax increment financing district. The Cantera development now includes a theater, shops, restaurants and corporate offices and provides about $3.2 million a year in revenue to District 203. Dave Zager, the district’s chief financial officer, said the Naperville district will continue to collect property tax revenue from the development into the future, but the amount will vary.

However, the school district alleges in the suit it is owed more than it has received. Brummel maintains the funds from the TIF district have been distributed legally and at the advice of attorneys.

The case has been dismissed twice, but the school district appealed twice, and litigation has continued.

Warrenville, its park district, fire protection district, Wheaton-Warrenville School District 200 and the public library district have spent a combined $357,000 defending the case. Naperville Unit District 203 has spent about $446,000. Part of the Cantera site is in District 203, and part is in District 200.

On one hand, this sounds like a lot of money to spend on a lawsuit that has still not concluded, but, on the other hand, tax revenue is hard to come by these days and lots of school districts could use this kind of money. I wonder if the length of the lawsuit is also tied to the economic crisis of recent years; in better times, District 203 might be better able to lose this revenue.

This is the first time I’ve heard of this lawsuit. Large battles between suburbs or suburban governmental bodies are fairly rare.

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