I've got a (legal) question for you all.

Here in Maryville, IL, our subdivision is facing a little problem. Late
in 2004 (around October give or take a month), there was a proposal to
install a sewer system in the neighborhood. Currently, we're all using
septic tanks or aeration systems. The mayor / town council sent out a
questionnaire to see if a) we desired a sewer, and b) if we would
provide the necessary easements to allow for it. All of this was based
on a preliminary proposal by the town's engineering consultant and
included rough estimates on costs, etc. Unbeknownst to us, this
questionnaire was considered by the town council and mayor to be our
final say on the issue, i.e. official vote, when, in reality, most of us
just wanted further information (more accurate cost figures, easement
requirements, and the like).

During a town meeting several months later, we were informed that the
sewer proposal had passed (again, based on the aforementioned
questionnaire), but that the original plan had changed based on the
responses to the questionnaire. Basically, I believe houses along one
of the streets was left off the second proposal. We never voted on the
second proposal nor signed anything regarding it. Furthermore, we were
told that the only way to repeal the sewer project would be to get 51%
of the registered voters and 51% of the home/land owners to sign a
petition, a so-called backdoor referendum. A petition was started,
signed, and delivered by the required date, but it wasn't until two
months later that we discovered the petition was deemed invalid. The
mayor will not provide any details regarding why the petition was
rejected claiming lawyer / client confidentiality. So, as of right now,
we're stuck with this sewer project proceeding.


Now, you may be asking why we would be so concerned about having sewers
installed. Primarily, it is because we are expected to foot the entire
bill, which will result in upfront costs upwards of $3,000 to $4,000, as
well as a real estate tax increase of several hundred dollars a year or
more (depends on the assessed value of the individual homes) for twenty
years. Many of those living in the neighborhood are on a fixed income,
so such costs cannot easily be absorbed. Never mind the actual
easements which, in some cases, cut right through residents' yards (as
is my case).


The way the mayor is handling this seems awfully fishy to me. He claims
not to care one way or the other, and yet he won't divulge any details
regarding the petition. Not to mention the fact that the proposal
changed after the initial questionnaire was sent out and that the
questionnaire was considered an official vote (for which there was
little if any indication per my memory). Do you have any suggestions on
how we could proceed (short of hiring a lawyer for which we are still
trying to determine where to get the funding)? Legally, does the
approach taken by the mayor and council sound appropriate to you? I
appreciate any response, but I'll understand if you wish not to.

Thanks and take care!
Kevin