The legal feud over a boundary agreement between Batavia and North Aurora appears to be settled.
The Batavia City Council voted Monday to accept a proposed settlement over North Aurora’s announced plans to annex and develop housing on the 124-acre Jones Farm on Mooseheart Road, which includes about 50 acres in Batavia’s planning area.
Shortly after Batavia filed its lawsuit against an alleged violation of the seven-year-old boundary agreement, the Jones family counter-sued Batavia seeking to prevent the city from enforcing the boundary agreement.
Approval of the settlement is expected next week by the North Aurora City Council, New Jersey-based Ocean Atlantic developers and the Jones family, said attorney Rory Weiler, special counsel to Batavia for the lawsuits.
The terms of the settlement are basically the same as the 1991 agreement, but, Weiler said, that agreement was “simply a contract subject to interpretation,” while the terms of this agreement are part of an order of the court and are “fully enforceable in court” if future problems arise. Mooseheart Road will remain the boundary line between the two municipalities, he said.
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The most significant part of the settlement, Weiler said, is that North Aurora agrees to not extend its water service lines to any other undeveloped land north of the boundary line, limiting its service to the Jones subdivision.
In other matters, the City Council voted to officially join Kane County, Geneva and St. Charles in opposing the truck-train railport that the Union Pacific Railroad is proposing for 500 acres of DuPage Airport land south of Roosevelt Road in West Chicago.
And the final version of a letter to be sent to the Kane County Development Department was endorsed by the council stating the city’s opposition to the proposed Main Street subdivision just west of Batavia.