EARLVILLE – After receiving a petition for a public referendum on a proposed water project in the Village of Earlville and an objection letter citing several problems in regard to the petition, the Village of Earlville Board decided Tuesday night to send the petition and objection letter to the Supreme Court for a final decision.

The Village of Earlville has proposed a water system improvement project that would cost a total of $3.09 million. After passing a resolution authorizing the issuance of bonds for a capital water improvement project pending a period of permissive referendum, the village received a petition signed by 134 village residents who wanted to see the project go up for a public referendum. Within days of receiving the petition, the village also received a letter objecting to the petition, which cited 12 different flaws within the petition.

The Village Board sent both the petition and the objection letter to their attorney William Getman for a recommendation. On Wednesday night, the board went into executive session to discuss the matter and Getman’s recommendation.

When they returned, Trustee Mark Doeberl made a motion to send the letter and the petition to the Supreme Court in Wampsville for a final decision. The motion was seconded by Trustee Kim Boomhower. The board voted four to one in favor of the motion, with Mayor Toni Campbell voicing the dissenting vote.

Village resident Mitch Mullenax, one of three village residents who circulated the petition, asked the board if the concerns of the attorney could be discussed. “Will there be an avenue to answer the attorney’s concerns?” Mullenax asked at the meeting.

Campbell said the attorney’s correspondence was protected under attorney-client privilege. Mullenax asked if the judge who would be overseeing the case would contact him or the others who circulated the petition for clarification.