Niles vs. Glenview Water Fight Goes Before A Judge

Attorneys for the villages of Niles and Glenview had their first day in court Wednesday as continues in the nearly $700,000 dispute.

Cook County Chancery Court Judge Rita Novak asked both sides for more information before setting a formal hearing date on Niles’ motion for a temporary injunction to force Glenview to pay for water used by customers of North Maine Utilities in April, May and June, said Niles Village Manager George Van Geem.

The judge wanted answers to questions to determine if Niles’ motion can even go forward, said Lynne Stiefel, Glenview’s communications director.

Attorneys expect to appear before the judge again within the week to decide how to proceed.

Glenview owns the utility company, which provides water and sewer services to 44,000 residents of mostly unincorporated areas southwest of Glenview. It purchases the water under the terms of a 30-year agreement Niles signed with the previous owners of the utility company in 1990.

Some Niles residents will have to pay more 

However, there is not so good news for the roughly 75 residents of the village of Niles who also live in the area covered by North Maine Utilities. The Niles Village Board on Tuesday night voted unanimously to repeal an ordinance that gave them a 19 percent rebate on what they pay for water through North Maine.

The rebate, which the village board first approved last year, was meant to make up for the fact that the residents who receive water and sewer through North Maine pay extra sewer fees – something Niles does not charge the rest of its residents. The rebate or discount became an issue when Glenview interpreted it to mean that other Niles residents are paying for sewer services as part of their water fees. Since Niles charges North Maine Utilities the same amount it charges its residents for water, that would mean that North Maine Utilities is effectually paying Niles sewer fees – something forbidden under the agreement.

“We don’t charge anyone for sewer fees,” Van Geem said. “But it had become an issue.”

Glenview wants audit, Niles refuses

Not settled yet is when or to determine whether Niles has been overcharging it for water. While the agreement makes provisions for such an audit, and one was scheduled for July 8, to the scope of the information Glenview requested. While Niles said the agreement calls for an audit of water invoices, Glenview asked for documents to explain things such as how Niles sets in general fund tax levy and how much it spends on sewer and water projects.