NUNDA TOWNSHIP – A lawsuit between McHenry County and the Nunda Township Highway Department over potential code violations appears to be headed to a jury trial.
Attorneys from Prime Law Group in Woodstock representing the township highway department have requested a jury trial, which could get a start date scheduled on March 11 at the next status hearing. Calls seeking equests for comment from attorneys were not returned Monday.
The lawsuit – filed on Nov. 21 – says the township highway department violated two county ordinances when it worked on a culvert and diverted stormwater runoff without Commissioner Mike Lesperance obtaining the proper county permits over the summer.
The county says the highway department developed in a flood-prone area without a permit and changed the direction of stormwater runoff without a permit. Under the ordinance, the township could face fines ranging from $750 to $1,500 for each day it is in violation of the ordinance if the court rules against the highway department.
The McHenry County Stormwater Management division took notice of the issue after township resident Douglas Mann was concerned the township’s work would cause more flooding on his property and proper engineering studies were not done. Mann, who lives on 3007 Garden Lane in Crystal Lake, said flooding issues arose from the spring storms last year when easements on the north and south side of Running Iron Drive were overwhelmed and caused damage to some property on the east side of Garden Lane.