Burr Ridge Mayor Misleads Court: Lawyer

BURR RIDGE, IL — Burr Ridge's mayor continues to seek sanctions against a resident who filed an unsuccessful objection to his election petition earlier this year. The mayor refers to the objection as "frivolous."

But a lawyer for the resident is asking a DuPage County judge to throw out Mayor Gary Grasso's claim against the resident, Steven Mueller.

In a court brief filed last week, attorney Neal Smith said Mayor Gary Grasso misled the court when he wrote that "Mueller used the civil process of DuPage County to pursue his baseless challenge."

The mayor's statement, Smith said, was presumably in reference to the requirement that an objector in an electoral board proceeding — Mueller in this case — must serve notice using the DuPage County sheriff. But Grasso left the impression that Mueller used litigation in the court to pursue his objection to Grasso's election petition, which is not true, Smith said.

Smith noted Grasso cited a Supreme Court rule that he alleged Mueller violated. But Smith said Mueller never filed a lawsuit in court, so the rule does not apply to the situation. If anything, Smith said, case law shows that Grasso may be the one who should be found in violation of the rule in question.

"Grasso continues to cause Mueller to incur court costs and attorney fees to defend an action that has no good faith basis in law," Smith wrote. "Grasso is violating the very same rule that he claims Mueller violated. But unlike Mueller, Grasso initiated a complaint in circuit court and is doggedly insisting that he has the procedural right to continue to use the courts of this State to bludgeon his opponents..."

Smith also argued Grasso never served his client the lawsuit. He noted Grasso said he served attorney Robert Windon, who was Mueller's lawyer in the local electoral board matter but not the current lawsuit. Smith said no provision in the law allows a plaintiff to serve a defendant's former attorney.

Smith is from the Chicago-based Robbins Schwartz law firm. He also recently represented residents who opposed a local lounge proposed by Grasso ally Filippo "Gigi" Rovito, owner of Capri Ristorante.

In an email to Patch in June, Grasso contended Mueller filed a "frivolous" election challenge at the "behest of another person or persons."

"The rules allow anyone sued to seek sanctions for frivolous suits. Mueller in essence sued me. That's what's at issue," Grasso said in the email. "Mr. Mueller's new attorney filed a motion to argue procedure. He has not addressed the frivolous nature of Mueller's challenge."

In previous court documents, Smith said his client exercised his right as a citizen of Burr Ridge to participate in a local election process under state law by alleging errors in Grasso's nominating papers.

"Just because an objection to nominating papers is not successful at the electoral board level does not make it frivolous, especially given that electoral boards are often made up of political allies of one of the parties involved," Smith said.

In January, the village's electoral board — made up of trustees Al Paveza and Guy Franzese and Clerk Sue Schaus — unanimously granted Grasso's request to dismiss Mueller's challenge, which was based on procedural issues.

Under Illinois law, candidates are required to follow an exacting process with their paperwork. Seemingly small errors can get them removed as candidates.

Mueller filed to run for Village Board two years ago, but the village's electoral board barred him from the ballot.

One of the problems with Grasso's petition, Mueller said, was that it was not validly notarized because the notarization was dated "December 3, 2021," nearly a year into the future at the time.

The village's electoral board unanimously rejected that argument.

Mueller also pointed to a law that says the "heading of each sheet shall be the same" in the petition. Grasso's petition alternated between "Village President" and "Mayor/Village President."

The electoral board said either title was acceptable.

In a March interview, Grasso said Mueller's challenge cost the village $6,000 in attorney fees and wasted two afternoons of three village officials. Grasso filed his lawsuit as a citizen, not as mayor.

Grasso could not be reached for immediate comment.