The common council (also called the city council) has and is the city’s legal authority, not the city attorney, not the mayor, not the city administrator nor any or all of the city staff combined. The foundations for the major lawsuit against the City of Lake Geneva are the results of actions taken and commitments made, implied or assured by city officials and staff without the legal authority from the common council to do or make them. The city’s staff is very good at directing, guiding and manipulating the plan commission and getting the city’s common council members to approve whatever they want them to approve.
It is in a certain arrogance and over-confidence in their ability to manipulate the common council into approving hidden, unauthorized actions, commitments and agreements made to developers and property owners that is the cause of the city’s major lawsuits. Almost all common council votes are unanimous, with only the occasional dissenting vote. So, the city leaders feel and believe they can (and do) make special agreements with developers and friends and slide them through the common council often unnoticed and without objection. It is only when the residents become aware of the impact of pending legislation and gather in mass opposition to the city’s common council’s pending actions that public attention exposes the actions and the motives behind the scenes.
Any agreements or understandings that were made to settle (drop) the Hillmoor lawsuit without a prior council resolution, were unauthorized, and therefore not legal. For the city’s common council to approve those actions by changing the city’s comprehensive plan map would be equally wrong. Two wrongs never make a right. That happened in the past with the settlement of the Mirbeau-Hummel (property owner) and Geneva Ridge (developer) lawsuits, when the corrupt individuals in the city included members of the plan commission, city staff, city administration, sewer, and water department made unauthorized agreements. Common council members were also involved some of whom destroyed their computer hard drives to hide evidence, and the five members of the common council who had been named in the lawsuit they also voted for and approved the comprehensive plan’s map change to end the lawsuit.
Two wrongs never make a right, it only lets evil win. Some of the same players that were involved in the Mirbeau-Hummel and Geneva Ridge lawsuit are involved in the Hillmoor lawsuits today. Their attempt to change the land designation for the Hillmoor property on the city’s comprehensive plan’s map for Hillmoor needs to be stopped, and they need to be replaced.