Homer Glen board authorizes village attorney to assist residents facing 143rd Street eminent-domain offers

Homer Glen trustees voted Sept. 11 to authorize the village manager to engage the village attorney to assist residents along 143rd Street who have received eminent-domain offers from Will County. The measure passed after extended debate on what the village can legally do and whether attorney-client privilege should be waived.

Trustee Dan Fialco, who moved the item, said residents wanted “action other than the word ‘monitoring,’” and argued the board should provide clearer paths to legal options for homeowners. "We have a lot of pressure from the public," Fialco said, adding that a workshop and practical guidance could help residents understand next steps.

Village Attorney Mike Carroll warned the board that some strategic discussions earlier had been held in executive session and that public disclosure of privileged strategy would be a consequential decision. Carroll said it would be “professional and ethical” to take a roll-call vote if the board wanted to waive privilege and speak about litigation strategy in open session. A motion to waive attorney-client privilege failed on a roll call.

After that vote, trustees returned to the substance of the agenda item. Carroll said he could attend a village-hosted workshop to explain legal options and, if attorneys representing residents called, he could discuss legal matters at a high level; he cautioned against the village committing to private litigation for residents without board direction. "A resident cannot engage the village attorney's services" as a private counsel, Carroll said, but the board could provide authorized assistance and information sessions aimed at helping multiple residents.

Mayor Nancy Trekey said she supported a workshop to inform residents and to clarify what the village could and could not do. Several trustees said they wanted the manager and attorney to be ready to assist promptly if the county proceeded with filings. Trustee Mason urged a workshop and recommended deferring any large financial commitments until the board understood filing outcomes expected from Will County.

On the board's roll call the motion authorizing the manager to engage the attorney to assist residents and explore motions to stay eminent-domain proceedings carried (Aye: Councilino, Fialco, McNaughton, Mason, Steilen; recorded No/Abstentions and absences appear in the official minutes). The board directed staff to plan outreach and a public workshop for 143rd Street residents and to return to the board with recommended next steps.

What happens next: the village manager and attorney will plan a public workshop for residents to explain possible legal options. Any further legal steps that require village engagement or expenditure will return to the board for separate approval.