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Schools

Pro-Referendum Group Can Back D.97 Legal Effort

Judge Mikva rules that brief can be filed supporting motion to dismiss.

Oak Park pro-referendum supporters will be filing court papers backing ’s motion to toss out the lawsuit that would nullify a tax increase approved by voters in April.

Cook County Circuit Court Judge Mary Mikva Friday granted a request by the Committee to Support Oak Park Schools and seven residents to file a friend of the court brief. The group was formed to advocate for passage of the referendum on the April 5 ballot. The measure passed by nearly .

The Committee to Support will file its brief on Tuesday, the deadline for Taxpayers United of America to file documents explaining to Judge Mikva why the suit should move ahead, said Robert Wozniak, an attorney representing the organization and the residents.

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In their brief, supporters will provide factual background on the Committee’s extensive efforts to educate Oak Park voters about the referendum and its estimated cost to taxpayers, Wozniak said. He added that it would provide important context with respect to the debate and discussion in the community.

“They’re in a good position to do that,” Wozniak said.

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The petition also would provide a constitutional argument on why the case should be dismissed, he added.

“This (lawsuit) would disenfranchise a clear majority of the voters of Oak Park,” he said. “Their voices should be heard. People in the community knew the impact of the referendum on their property taxes.”

In an e-mail, Peter Barber, District 97's school board president, said:

"We applaud the judge's decision to allow the Committee to Support Oak Park Schools to file a brief supporting our motion to dismiss the lawsuit that seeks to invalidate the important decision the citizens of Oak Park made regarding the District 97 referendum," he said. "We also want to thank the committee for its continued support of our schools and for its strong commitment to providing the children of this community with a high-quality education."

Taxpayers United will have until June 24 to respond to the Committee’s brief.  Christina Tobin, the group's vice president, said the judge's ruling further emphasizes that taxpayers on both sides have standing in this case. She said that it would be in District 97's best interst to drop its objection that TUA and its supporters do not have standing to sue.

The district’s motion for dismissal will be argued before Judge Mikva at 2 p.m. June 30.

The lawsuit stopping the referendum from taking effect was filed by Oak Park resident Noel Kuriakos and Taxpayers United in late April. The challenge based on faulty ballot language that they said each school district used to pass recent referendums increasing property taxes. TUA said that by failing to include the Illinois state equalizer in their calculations, the districts understated the effects of the increases on homeowners.

About a month later, the judge blocked a request for a , which would have prevented the property tax hike from taking effect.

Earlier this week another Cook County judge, Moshe Jacobius, said there were to consolidate cases against Oak Park and Wilmette School District 39, which also is being sued by Taxpayers United.

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