Clarendon Hills Residents File Lawsuit Against Referendum Approving New HMS

Although voters moved in favor of an initiative to build a new Hinsdale Middle School last November, a handful of Clarendon Hills residents are arguing the referendum is void after discovering a technical error.

Andrew and Kirsten Schmidt, Karen Weber, Bradford Tocher and Edward Corcoran filed a lawsuit against District 181 challenging the referendum, which appeared on the Nov. 8 ballot, the Chicago Tribune reported. The referendum, which was highly contested both before and after the election, requested permission from voters to use $53.3 million in bonds to build a new HMS, which community members and school officials have argued is outdated.

The residents are arguing that due to election code, which states that local newspapers must publish notice of a referendum at least 10 days before, but not more than 30 days before, an election, the referendum isn't valid. News of District 181’s proposed referendum for a new HMS first showed up in papers Oct. 11, according to the lawsuit.

Don White, District 181’s superintendent, said the district’s bond counsel didn’t realize the mistake until after the election. The early notice mistake was repeated in several other referendum instances last election, including in another school district, a park and a library.

The notice was printed correctly in Cook County, the Tribune reported.

The initiative passed with 54 percent of the vote. About 13,600 votes were cast.

The lawsuit will next be discussed in court Feb. 27.

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