Palos Heights, Westgate Lawsuit Inches Along

A more than 13 in the making between the residents of Westgate Valley and the City of Palos Heights could be resolved in court as early as April.

Attorneys representing both sides met with Cook County Circuit Court Judge Mary Anne Mason on Wednesday morning to discuss a list of 14 expert witnesses who, if needed, could testify on behalf of the city.

"The rules say you have to identify everyone you may call, not the ones you're going to call, so we listed everyone on our side who has knowledge of the facts," city attorney Thomas Brown said Wednesday afternoon by telephone.

Chief among them is engineers from Christopher Burke Engineering and Morris Engineering, all of whom reviewed the final subdivision plat easements that explicitly designated area streets as "private." These men can vouch, along with former and current city employees and officials, that the city and its developers never intended to own most of the Westgate Valley subdivision streets, Brown said.

Diane Silverberg, the lead attorney for the residents, has filed a petition to bar all of the city's potential witnesses from providing what she considers redunant testimony in court. The city has until March 9 to file a written reply to Silverberg’s petition.

The lawsuit, which was filed in 2008, asks the county to force Palos Heights to provide all Westgate Valley subdivision streets north of 135th Street along Ridgeland Avenue with city services, including snow removal. It relies foremost on a signed annexation agreement from 1998.

Palos Heights officials say they never intended to own the area's condominium and townhome streets and have never been inconsistent on the issue, even though the makeup of the council has changed. They point to final plat easements, rezoning ordinances and committee meeting minutes which they say completed rather than officially amended the original annexation agreement.

Brown advised condo and townhome residents dig up their homeowners titles and by-laws to see that their streets are labeled private. Given all the evidence, he said it was "hard to believe" the residents' homeowners associations filed or joined this lawsuit.

To those residents who say they were assuaged or even duped by later developers and their Realtors, Brown said the "city doesnt control what the developers tell people when they sell homes." Within his possession, however, is deposition from McNaughton Development which states that the company built many homes in the area with full-knowledge the streets were to remain private, he added.

But if the residents are right, the city attorney conceded, then the remaining 20 or so condo and townhome subdivisions in Palos Heights also deserve city services.

The next hearing is scheduled for April 5. At that time, Judge Mason will either put the case on a briefing schedule toward trial or jump to a ruling if she feels she's heard enough.