HERRIN - The superintendent of the Herrin Unit 4 School District says that should last February's 1 percent sales tax increase for the five Williamson County school districts get overturned in court, property owners in Herrin will suffer the most.

Superintendent Mark Collins explained that property owners received 32.6 percent reduction in real estate taxes this year thanks to the sales tax increase. Collins explained that unlike Marion and Carterville, who are pursuing the construction of new schools, Herrin is simply working to retire old school debt. That freed up money for the district to reduce real estate taxes for residents.

But if a lawsuit filed by Marion attorney Ron Osman on behalf of P&S Grain challenging the legality of the sales tax increase is upheld in court, Collins said Herrin taxpayers will be negatively impacted.

"Without available sales tax revenues, I would be forced to levy against taxpayers' property in the amount of $1.5 million next year because bond payments on the new high school are due Dec. 1, 2009 and then again June 1, 2010," Collins said.

"The issue is before the court," Osman said. "Is it (1 percent county tax increase) constitutionally allowable since it's the first time such a referendum has been done in Illinois? I don't believe it is.

"The procedure that all the school districts used (in forming the referendum question) was flawed," Osman said. "And notification to the public (of the referendum) by the county board was flawed. It was not done in accordance with the statute, even if it was constitutional."

Osman said that while it's true that Herrin taxpayers did see a reduction in their real estate taxes this year, he's not so sure the savings was that great when compared to what they had to pay extra in sales tax.

"I question whether the taxpayers of Herrin have had any kind of real tax reduction," he said.

Collins said those Herrin taxpayers who were skeptical they would receive a discount have now seen firsthand what a yes vote on the sales tax did for their real estate taxes.

"We gave the taxpayers exactly what we said we were going to give them if the sales tax passed - a sizeable property tax cut. And everybody in town knows how much money they have saved."

Collins said it's only fair that residents know what they stand to lose if the lawsuit filed against the county board is approved.

"All I'm saying is that if Herrin residents don't want to see their vote wasted and the sales tax overturned, they ought to speak out now. Because if the tax is removed, residents will have their property taxes raised considerably next year."

Collins said the county board and State's Attorney Charles Garnati are battling the lawsuit and any support that they can receive from the taxpayers would be beneficial to the cause.

The 1 percent sales tax increase countywide is paid by anyone making purchases in Williamson County.