Burr Ridge Mayor Sues Petition Objector, Seeks 'Real Culprit'

BURR RIDGE, IL — Burr Ridge Mayor Gary Grasso beat back a legal challenge to his petition as a candidate for mayor. But he is apparently not forgetting about it.

Last month, Grasso, a lawyer, filed a petition for sanctions against Burr Ridge resident Steven Mueller, who submitted the objection to Grasso's petition.

"Mueller’s baseless petition cost the Village $6,000 in attorneys fees and wasted two afternoons of three Village officials," Grasso said in a text to Patch. "I can only assume someone asked Mueller to be a front and paid Mueller’s fees just to cost the Village and me time and money. I’ve asked Mueller through his attorney to confirm that fact, so the real culprit can be pursued, but Mueller’s attorney has yet to respond. I’m seeking sanctions (the fees) under a rule that allows recoupment of fees for meritless pleadings for these very reasons."

In January, the village's electoral board unanimously granted Grasso's request to dismiss Mueller's challenge, which was based on procedural issues.

Now, in his lawsuit in DuPage County Court, Grasso asserts Mueller had no basis in law to file the challenge or continue it.

Grasso said he reserves his rights to add abuse of process and malicious prosecution causes of action against Mueller and any others who assisted him with his challenge.

In his lawsuit, Grasso asked the court to sanction Mueller and his attorney, if warranted, for any other relief the court deems equitable.

"His objection that my petitions listed Village President and Mayor was not objectionable and is allowed under state law AND our Village ordinance," Grasso said in the text. "His attorney withdrew that 'objection' and did not even try to argue it after we filed a motion to dismiss based on statutory and case law that was easy to find. As for the notary error placing 2021 instead of 2020, there was no law supporting Mueller. His attorney admitted I had properly appeared before the notary and signed under oath on the month and day stated. A notary’s clerical year error does not nullify a petition."

Grasso is represented by Adam Bowers, who has long been associated with the Grasso Law Firm In Hinsdale.

Mueller's lawyer, Robert Windon, could not be reached for immediate comment Friday.

A hearing in DuPage County Court is set for May 17.

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.

"Everyone on the electoral board said that was a clerical error by the notary and not the responsibility of the person turning in the petition," Al Paveza, a village trustee who serves on the electoral board, said in an interview in January.

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."

When the town formed, Paveza said, the top elected official was called village president.

"Then we saw that so many towns around us had mayors, instead of presidents," Paveza said. "It was decided we wouldn't eliminate 'president,' but if the person wanted to be called 'mayor,' he would be called 'mayor.'"

Paveza said Mueller took that part of his challenge off the table.

The electoral board was made up of Paveza, Trustee Guy Franzese and Clerk Sue Schaus.

The election is April 6. Grasso is running unopposed.