Law Firm Accused of Misleading Wilmette Voters

In court papers filed against Wilmette School District 39 last week, Taxpayers United of America (TUA) accused the law firm of Chapman and Cutler of misleading both Wilmette and Oak Park voters into passing property tax increases on April 5 ballots. 

The TUA along with Herbert Sorock filed a brief on June 8 that alleged Chapman and Cutler deliberately used faulty ballot language that made the tax increases for the two towns look less severe. The started nearly a month ago.

According to the brief, the failed to include the state equalizer in explaining how much the rate hikes would effect homeowners. The plaintiffs' attorney, Andrew Spiegel, said this omission was in violation of the state's property tax code and constitution.

In a press release, Chapman and Cutler insists that the Property Tax Extension Limitation Law (PTELL) does not specify a need for the state equalizer in the school districts' ballot propositions.

On Monday, District 39 reiterated that the TUA case was based on a misconstrual of the laws governing the state's ballot language and that the statutes have no actual bearing on the case. 

The school district's response, prepared by attorney Ares Dalianis, also said that even if errors were made, it shouldn't be held liable since any "deliberate" attempts to mislead would be on the part of Chapman and Cutler, not the school district.

The explanatory paragraph in the Wilmette referendum, which passed with 63 percent approval, informed voters that the increase would be $58 for every $1,000 of property taxes paid, or a $58.80 increase for every $100,000 of the estimated value of a home.

According to Spiegel, the cited figure should have been $198.16 for every $100,000.

"If it had been that high, who knows what the vote would have been," he said.

Because Chapman and Cutler served as bond counsel for the school districts in Wilmette and Oak Park, it used the same ballot language in both referendums without mentioning the state equalizer.

TUA tried to consolidate both lawsuits earlier this month. However, the motion was denied by a Cook County judge on June 6.

"The language is exactly the same as Oak Park as in Wilmette," Spiegel said. "It's the exact same problem."

Wilmette Superintendent Ray Lechner worries that if the lawsuit succeeds, District 39 may be placed in "serious financial crisis."

"Had the referendum not passed, we were prepared to make significant cuts in order to balance the budget," Lechner said of possible ramifications for the district's four grade schools and two middle schools.

"With the passage of the referendum, we did not make those cuts. And, we made hiring decisions based on receiving the funds from the referendum," he added.

Cook County Circuit Court Judge Rita Novak is scheduled to hear Sorock and TUA’s motion for a temporary restraining order against District 39 at 11:15 a.m. June 23 in courtroom 2402 at the Daley Center in Chicago.