Village, Water Company Remain In Court After Judge Refuses to Dismiss Lawsuit

The village and its water company remain stuck in litigation after a Will County Circuit Court judge denied the water company’s motion to dismiss the lawsuit earlier this month.

In November,, alleging the company overcharged Bolingbrook from 2003 to 2008 and violated its contract with the village by offering Plainfield a cheaper rate.

The suit went up before a judge April 5 and the two are now moving on to the discover phase of the judicial process.

According to the two parties' contract, village attorney James Boan said, Bolingbrook is entitled to the lowest possible water rate and is not required to pay more for water than any other user.

However, documents show that Illinois American Water gave Plainfield a rebate on the Lake Michigan water it purchased that could have saved Bolingbrook hundreds of thousands of dollars, Mayor Roger Claar said.

The village also takes issue with the way the water company is attempting to change the formula by which it charges the Lake Michigan water it supplies. According to contract, the formula cannot be altered without mutual agreement of both parties. Claar said Illinois American Water is attempting to bypass the village by going directly to the Illinois Commerce Commission.

“We respect the decision of the court and look forward to a full airing of the evidence in this matter,” said Michael Smyth, a senior manager with IAW.