Developer may sue Fairview over de-annexation refusal

News-DemocratJune 18, 2014 

Fairview Heights Municipal Complex

HTTP://WWW.FAIRVIEWHEIGHTS.COM/

A metro-east orthodontist who co-owns 38 acres slated for redevelopment in Fairview Heights said he may sue the city because it will not allow de-annexation of the property.

Kim Littlefield, who has a practice in Swansea and Shiloh, said he is consulting his attorney after the City Council unanimously rejected an ordinance Tuesday night to de-annex the property, located at the northwest corner of Sullivan Drive and Frank Scott Parkway.

Littlefield, who is part of Swansea Development Trust which owns the property, said the cost to tap into Caseyville Township Sewer District would be much more expensive than accessing Swansea Sewer's system.

"For me to go to Caseyville Township sewers, it would cost a substantial amount of money, much more than going through Swansea," Littlefield said. "That's why we wanted the de-annexation and go through Swansea because of the cost factor. They're not being considerate."

Fairview Heights Land Use and Development Director Tim Tolliver declined to comment Wednesday about Littlefield's possible lawsuit.

The land was annexed into Fairview Heights about a year and a half ago. Twenty-nine acres of the property is planned for multi-family residential development and the remaining 9 acres would is slated for commercial development.

According to the code enforcement department in Swansea, the village charges a maximum tap-in fee of $5,000 plus a $25 inspection fee.

In Caseyville Township, Supervisor Bruce Canty said he could not comment on what the sewer cost would be at the planned development.

"I don't have an exact answer on that," Canty said.

Littlefield said, "The sewer is located a further distance than Swansea sewers are. It's right there. It makes total sense for us to be in Swansea."

"I'll have to sue," he said. "I'm discussing this with my attorney right now. I won't give you a yes or no at this point."

Contact reporter Will Buss at wbuss@bnd.com or 239-2526.

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