NUNDA – The lawsuit between McHenry County and the Nunda Township Highway Department will continue after a judge denied a motion to dismiss and township attorneys requested more documents about the area in question over potential code violations.
After a judge rejected the township's motion to dismiss the suit, township attorneys requested more engineering documentation from the county as it could differ from the township's own studies as to whether an area of Running Iron Drive in Crystal Lake was developed on a flood plain.
"We are waiting to see," assistant state's attorney Dan Kegl said of going to trial. "We're in the discovery process now and they are reviewing the engineering documents we've submitted."
Even without going to trial, the township has already spent more than $6,000 in attorney fees. The township is being billed $125 per hour, according to billing documents.
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 contends 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.
The next court date is scheduled for July 15 at 9 a.m.