Judge: District 97 Decision Within Weeks

A decision on the validity of a lawsuit aimed at throwing out the District 97 referendum will be determined in about three weeks.

Cook County Judge Mary Mikva on Thursday heard arguments presented by Andrew Spiegel, an attorney for Taxpayers United of America, and attorney Robert Swain.

Taxpayers United of America, or TUA, and Oak Park resident Noel Kuriakos , claiming language on the April 5 referendum question intentionally misled voters about the impact to their property taxes.

The group against Wilmette School District 39. .

At issue is whether or not the state equalizer, a number the Illinois Department of Revenue determines each year to ensure that Cook County assessments are in line with assessments from across the state, should be factored into the ballot question's wording.

In District 97 and Wilmette's District 39, the figure wasn't included on the ballots. The omission, referendum opponents said, means voters were misled and prompted lawsuits from the anti-tax group.

At Thursday's hearing, Spiegel said the rules governing what goes onto a ballot,"could not be clearer."

"There's no question the [EAV] was needed," Spiegel said.

Swain noted that the district used the last known available equalizer in determining the cost to taxpayers. He commented that the lawsuit was clearly a challenge to an election, adding that no voters were misled. 

Kuriakos, a vocal opponent of the referendum, did not allege that he was misled. "He's trying by any means available to him to disenfranchise voters," Swain said.

Mikva, however, said the statute — interpretations of which have been the subject of dispute between the school districts' board members and the high-powered law firm who drew it up — is "hardly a model of clearness."

Mikva said her written opinion would come "before three weeks were out."

Swain said he's confident in a favorable outcome for the district. "The issues will be fully addressed. Her ruling would be ready for appeal if anything else," he said.

Spiegel said he will be filing an appeal in the Wilmette case; if the District 97 case is dismissed he expects to file an appeal in that matter as well. He noted he also would try to get both cases consolidated.

He was pleased that Mikva is taking the matter under advisement and assessing what the legislature meant. "Whether or not each side right giving it a fair hearing."