Lawsuit Against Yorkville Man Called a "Slap Suit"
By Tony Scott, Staff Writer
Copyright © 2007 Oswego Ledger-Sentinel

YORKVILLE — The landowner of a proposed landfill site in Yorkville has filed a defamation lawsuit against one of the landfill’s most vocal opponents, over statements the opponent made at a public hearing.

Attorneys for Don Hamman filed the lawsuit in the 16th Circuit Court in Yorkville Jan. 30 against Todd Milliron, a resident of unincorporated Kendall County who lives just east of the proposed landfill site.

The Fox Moraine landfill is proposed for a site on the south side of Route 71, just west of West Highpoint Road.

The lawsuit seeks more than $50,000 in damages from Milliron, who has frequently voiced opposition to the landfill at public hearings and City Council meetings on the subject. He has been an outspoken opponent of Mayor Art Prochaska, endorsing Prochaska’s opponent in the April 17 election, Alderman Valerie Burd.

The lawsuit points to a City Council public hearing held Jan. 23 to hear testimony on the issue of the annexation of a portion of the Fox Moraine site and the vacation of Sleepy Hollow Road, which runs through the site. The council needs to vote again on the annexation of a portion of the property that includes Sleepy Hollow Road, since the Charles B. Phillips Public Library District in Newark was not properly notified of the annexation when it was voted on in September.

At the Jan. 23 hearing, Milliron presented copies of the Sept. 28 Kendall County Record in which an advertisement was published for a fundraising event for the Kendall County Republican Candidate Support Committee. The advertisement featured a photo of Prochaska with Hamman, as well as County Board member John Purcell and then-County Board member Dick Whitfield.

Milliron described the photo in detail, asking the audience where Hamman’s hand is in the photo.

“No preferential treatment needs to be given to Fox Moraine and North Star Trust,” Milliron said. But Prochaska pointed out that two county board members were also in the photo with Hamman.

At one point during Milliron’s statement, Hamman’s attorney John Philipchuck told Milliron to “keep talking.” Alderman Paul James cautioned Milliron to be careful about what he says regarding Prochaska and Hamman.

“Just be careful with the things that you say, the slanderous remarks, because those could come back and haunt you,” James said.

The lawsuit states that Hamman “was a person of good reputation and was deservedly held in high esteem by persons of his acquaintance, both in personal and business capacities, and by the general public” until Milliron made his statements.

The suit also states that Milliron’s comments accuse Hamman of “improperly influencing the Mayor of Yorkville’s voting with respect to the annexation of (Hamman’s) property.”

The lawsuit document includes direct quotes from Milliron’s statement to the council.

“Art, do you recognize yourself in that picture? You look pretty cozy with the gentleman that has his arms around you,” Milliron is quoted as saying. “Could that gentleman be Don Hamman? Please note, you can see both our mayor’s hands in the picture, but only one of Mr. Hamman’s. I’m wondering where Mr. Hamman’s other hand is. And you on the City Council should, too.”

The lawsuit states that Milliron’s statements “plainly imply that (Hamman’s) hand is in the pocket of the mayor, thus accusing (Hamman) of bribing the mayor, an elected official, to vote in favor of the annexation of (Hamman’s) property to Yorkville.”

The statements were “false and injurious” to Hamman’s reputation, the lawsuit states, and constitute defamation because “they impute the commission of a criminal offense, and because they prejudice (Hamman) in his business.”

The lawsuit states that Milliron made the comments “in full knowledge” that they were untrue and that he made “no attempt” to determine whether the statements were true.

The lawsuit claims that Milliron “maliciously and intentionally caused the publication” of his comments by making them in front of an audience of approximately 200 people at the hearing, held in the gymnasium at Yorkville Middle School. The suit also notes that his statements were aired on cable television as part of a service that broadcasts city council meetings.

Limit to Free Speech
Naperville attorney Charles J. Corrigan, representing Hamman, said Tuesday that the purpose of the lawsuit is “to clear (Hamman’s) name, essentially.”

“He was accused of something improper at a public meeting, it wasn’t true and he’s defending himself and his reputation,” Corrigan said.

Corrigan argued that there is a limit to free speech in a public setting.

“Free speech only goes so far,” he said. “Free speech doesn't protect you from saying false things about somebody. I know that there’s going to be a lot of debate about the landfill and everybody expects it, and welcomes it, but when you accuse somebody of something illegal, then that’s not proper debate.”

A ‘Slap Suit’
Frank Cservenyak, a Joliet attorney representing Milliron, said this week that Hamman’s lawsuit is “nothing more than a slap suit.”

“We’re shocked,” Cservenyak said. “Is this Cuba or the United States? One thing I’m sure of, in the United States a citizen has the right to criticize his governmental leaders. That’s all my client is doing.”

Cservenyak said he will fight the accusations against Milliron.

“We will not back down,” he said.

When asked if the lawsuit would discourage Milliron from speaking at future meetings on the landfill and related issues, Cservenyak said the lawsuit is designed to do so.

“I think that’s exactly what they’re trying to do: they’re trying to discourage Mr. Milliron from exercising his right to speak out and criticize his governmental leaders. This is not going to stop him. He has an absolute right, just as you and I have that right, and without it, there are problems.”

The first scheduled court date for the lawsuit, according to court documents, is April 27 at the Kendall County Courthouse.

About Rathbun, Cservenyak & Kozol LLC
Rathbun, Cservenyak & Kozol LLC is a Will County-based law firm in the practice of civil litigation. The firm consists of eleven (11) attorneys who provide aggressive legal services to industry, governments, insurance companies and individuals. The firm serves clients from Will County and surrounding counties both in state and federal court.