A lawsuit was filed last week against the town of Cortland, as well as several people and companies, alleging that underground pipes were installed and equipment used to spray treated wastewater was placed on private property without the permission of the landowners.
J. Norman and Nadyne H. Young filed a lawsuit Feb. 27 with the DeKalb County Circuit Clerk against the town of Cortland, as well as Eagle Homes Inc., Eagle Homes-Nature’s Crossing, Ken Wisniewski, Keith Wisniewski, Sheaffer International, Anderson Underground Inc., Walter Magdziarz and Land Vision.
Eagle Homes is the developer of Nature’s Crossing, and the Wisniewskis work there, according to court documents. Sheaffer International provides services for reclaiming wastewater, and Anderson Underground constructs underground piping systems, according to court documents. Magdziarz is a zoning administrator for Land Vision, which provides planning services for communities and developments.
The land in question is 100 acres at the southwest corner of Barber Greene and Somonauk roads in Cortland, which is by the DeKalb Taylor Municipal Airport and immediately north of the Nature’s Crossing subdivision.
The Youngs once owned 150 acres in that area. Craig Cobine, of the Naperville-based law firm Dommermuth, Brestal, Cobine & West, Ltd., said Eagle Homes purchased 50 acres of land from the Youngs and built Nature’s Crossing on it. Though the corporation had an option to buy the remaining 100 acres of the farm, Eagle Homes never did, Cobine said.
However, the Youngs believe that pipes for sanitary and storm sewers, as well as for water lines, have been installed underneath the land they own without their permission, Cobine said. There also is equipment that can be used to spray reclaimed wastewater from Cortland’s treatment plant on the Young’s land, Cobine said.
Cobine said that easements were approved by the town board to allow the pipes to be installed and equipment placed on the land, but that they were never signed by the Youngs.
An ordinance approved by the town board in July 25, 2005, that allowed spraying of reclaimed wastewater on the land states that Eagle Homes owns the land, according to court documents. But Cobine contends that plats in the county show that some of the land they want to disperse on is owned by the Youngs, and that they never gave their permission to have the wastewater sprayed there.
“The body of the ordinance is incorrect,” he said. “It was at that time and is still the Youngs who own it.”
Cobine did note that it is not believed that wastewater has ever been sprayed on that land. But the Youngs are asking that the pipes and other equipment be removed and are also seeking in excess of $50,000 in damages, Cobine said.
“These various things were put in underground on the Youngs’ property with out their knowledge or permission,” he said. “Another easement was done to spray wastewater on the land. There is a huge irrigation sprayer on their property. They never granted the easement, but all these things are there.”
Cortland Town President Robert Seyller declined to comment Wednesday and referred phone calls to the town’s attorney, Robert Bush with the Chicago-based law firm Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C. Bush did not return phone messages left by the Daily Chronicle on both Wednesday and Friday.
Messages left with the other defendants during the past week also were not returned. Attempts Friday to reach Armour Beckstrand with Anderson Underground were unsuccessful, and there was no answering service or machine to leave a message on.