A Will County judge on Thursday dismissed a lawsuit filed last year by 10 Will County Board Republicans against County Executive Jennifer Bertino-Tarrant over a road widening project in Homer Glen, ending the litigation.
The 10 County Board members sued Bertino-Tarrant after she initially signed a resolution that stopped an expansion of 143rd Street to five lanes as planned. Bertino-Tarrant later said she realized her mistake and vetoed the resolution, prompting the lawsuit filed April 18, 2024.
Judge Brian Barrett’s decision Thursday to dismiss the case allows the veto to stand, said Will County Assistant State’s Attorney Scott Pyles, who is representing Bertino-Tarrant.
The County Board initially passed a resolution in February 2024 calling for stopping the widening of 143rd Street and asked the county’s transportation division to explore a less intrusive option.
Bertino-Tarrant said in her veto message the project has been studied for decades, received federal grants and was needed to improve safety and traffic flow.
Pyles said the County Board members were not able to bring a lawsuit in their official capacity and did not have standing to sue as private individuals. The County Board never voted in favor of allowing the 10 members to move forward in filing a lawsuit, Pyles said.
“At the last hearing, the court made the finding that the plaintiffs do not have the capacity to sue as County Board members individually and there was no resolution passed by the County Board to allow for the minority group of County Board members to sue on behalf of the County Board,” Pyles said.
“If individuals could sue over a law they disagreed with, there would be a line outside the courtroom,” he said.
Anything to change the road project would have to be done via legislation by the County Board, Pyles said.
“Today’s ruling confirms that this unfounded lawsuit was not based in the law and served as a frivolous distraction from the County Board’s repeated approval of this project, including by the members who signed onto this litigation,” Mike Theodore, spokesman for the county executive’s office, said in a statement.
“Based on the direction of the County Board, the county has already expended millions of dollars into this project aimed at access and safety of residents,” the state read. “While it was clear from the start that there were no grounds for County Board members to file this lawsuit, this year-long legal fight raises serious questions about the spending of local taxpayer dollars on a political distraction.”
Barrett initially granted the plaintiffs the right to use a special prosecutor since the Will County Board is normally represented by the Will County state’s attorney’s office, but reversed the decision in January after reviewing case law.
Steven Laduzinsky, an attorney for the 10 County Board members, told Barrett via Zoom Thursday the plaintiffs would not file an amended complaint. He said if the judge ruled on Bertino-Tarrant’s motion to dismiss the case, they would rest on the court’s decision.
Judy Ogalla, the past Republican chair of the County Board and a plaintiff on the case, said their attorney told them the case wasn’t moving in their favor. She said a special prosecutor should have been appointed and it is a conflict of interest to have the Will County state’s attorney’s office represent the executive and County Board.
Ogalla said the resolution to stop the widening should have gone into effect once it was signed by the executive.
Homer Glen residents have protested the widening for more than a year. Residents opposed to it said it will seize their property, increase traffic, destroy mature trees and invite semi trucks down their rural street. Residents said the street is lined with farms, schools and homes and does not need to be a bustling five-lane road.
Stopping the road project was a major theme that emerged during the past campaign season. All three candidates projected to win a trustee seat on the Homer Glen Village Board said they want to fight the widening.
Homer Glen Village Manager Joe Baber said officials has monitored the lawsuit and will consider other options in light of Thursday’s court decision.
Steve Balich, the Will County Board member representing Homer Glen and one of the plaintiffs, said he would like to introduce legislation at the County Board level to stop the widening as planned. He said he might be able to get the votes to alter the project, but doubts he would have enough votes to override any potential veto.
Balich said he will ask to get a resolution on the agenda so the board could discuss the project, noting there are a few new board members who took office in December.
Balich, also the outgoing Homer Township supervisor, said the township financially contributed to the County Board’s lawsuit, but he will leave any decisions about fighting the expansion to incoming Supervisor Susanna Steilen and the new township board, which assumes office in May.
Homer Glen resident Bernard Czerwinski, whose home backs up to 143rd Street, said he was disappointed in the judge’s decision. His deck is roughly 20 feet from a proposed sound barrier, and the county wants some of his land to expand the road.
Czerwinski said 20 years ago, the town’s population was expected to balloon by more than 20,000 residents, but that hasn’t occurred. The population has been stable. The area is still a farm community, and trees will have to be torn down for the widening project, he said.
Czerwinski said he’s attended meetings and talked with residents and elected officials for more than a year. Homer Glen doesn’t support the county’s plans, and residents are frustrated, he said.
“Absolutely nobody,” is in favor of the expansion, Czerwinski said. “They don’t have the will of the people behind them.”
Michelle Mullins is a freelance reporter for the Daily Southtown.
