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Village attorney says TIF 2 wins at lower courts; Illinois Supreme Court petition pending
Summary
Village attorney briefed trustees that Winfield prevailed in DuPage County circuit court and the appellate court on TIF 2 challenges but the school districts have filed a petition for leave to appeal to the Illinois Supreme Court; if the high court declines leave, TIF 2 will move forward.
The village attorney told the Winfield Village Board on Thursday that litigation over TIF 2 has favored the village at both the circuit and appellate levels but remains unresolved while the Illinois Supreme Court considers a petition for leave to appeal.
"If the Supreme Court declines to take the appeal ... the case will then be over," the attorney said, summarizing the procedural posture. He reviewed the circuit-court summary-judgment rulings (granted for the village on cross-motions) and the appellate affirmation, then explained that the school districts filed a petition for leave to appeal to the Illinois Supreme Court; the justices have discretion whether to accept the petition.
The attorney recounted the legal issues raised by the school districts, including the de-tiffing and re-tiffing of parcels and whether the village complied with the Illinois TIF Act in establishing TIF 2. He said the circuit court and appellate court found the village complied with statutory requirements and that, if the Supreme Court accepts the case, briefing and argument would likely push an ultimate decision to the fall.
President Carl Sorgas and trustees emphasized the economic stakes: staff described a projected $465,000 in year-one new tax revenue expected to reach the school district in 2029 from development in Winfield Station and noted longer-term projected excess increment that village leaders contend will fund town-center projects and municipal facilities without raising property tax rates. The board said the litigation has delayed development projects, including a proposed 155-unit Winfield Reserve apartment complex that village officials say would increase town-center density and long-term revenue.
No new legal action was taken at the meeting; the attorney answered trustees' questions and said the village filed an answer opposing the school districts' petition for leave to appeal. He said a decision from the Illinois Supreme Court on whether to take the case could come in the coming months.
