Originally published on July 12th, the following is the first part of the Lake in the Hills Sanitary District’s reply to McHenry County Board chairman Jack Franks’ suit to allow his picks to take over the LITH Sanitary District. Parts 2 and 3 can be accessed through the links at the bottom of this re-post.
Although the court filing has been in the Circuit Clerk’s Office for over a month, the Northwest Herald has yet to dip into it, while allowing Franks and his supporters to try the case on its pages.
The LITH Sanitary District’s Case – Part 1
No consideration was given by Judge Thomas Meyer to the brief filed the day he entered an injunction preventing the Lake in the Hills Sanitary District from purchasing Kane County land.
No harm, no foul, I guess, because the District did not proposed to buy before the Temporary Restraining Order would expired
Lake in the Hills Sanitary District treatment facility.
Nevertheless, Derke Price spent his weekend preparing a reply to the late Friday afternoon filing from McHenry County State’s Attorney Patrick Kenneally’s office.
So, let’s take a look at Price’s presentation of facts and arguments, because they will certainly show up once a full-blown hearing takes place in mid-August.
The brief starts with the fact that since April 27, 2017, the Sanitary District has been located in both McHenry and Kane Counties.
He notes that Trustee Terry Easler has a term that runs until May 1, 2019, while Shelby Key’s term expired May 1, 2017. The third Trustee, David McPhee, who resigned to take a seat on the Lake in the Hills Village Board, has a term that would have expired May 1, 2018.
All served until their terms expire or “until their successors are elected and qualified.”
State statute (the one I wrote) requires that trustees of multi-county districts are appointed by legislators whose districts have any part of such a sanitary district’s territory.
No action has been taken by State Senators Karen McConnaughay and Dan McConchie and State Representatives David McSweeney and Allen Skillicorn.
When McPhee resigned in January, 2017, annexation into Kane County had not occurred.
Therefore, McHenry County Board Chairman Jack Franks had the authority to appoint his replacement.
But, as the filing points out, “Franks took no action whatsoever to fill McPhee’s vacancy within the required 60 days, nor did he do so at any time prior to April 27, 2017, when the District’s boundaries expanded into Kane County.”
That being the case, attorney Price argues that Franks lost his appointment power.
He further notes that McPhee still continues to hold over as a board member under the statute because his successor has not be duly appointed and qualified.”
The annexation along Square Barn Road into Kane County was “the result of over three years of planning following the expiration of a corporate boundary agreement between the District and the Village of Huntley.
The annexation was “in anticipation of the annexation of an additional 13+ acres in Kane County,” which is now under a real estate purchase contract.
{That land is to be used for a lift station to serve development in northern Kane County.]
The District has a capacity of treating 4,500,000 gallons a day, but its current load is 3,350,000 gallons per day from its 11,000 accounts.
On June 15th, the District’s attorney wrote the four legislators requesting they appoint the expired term and the vacant position. A copy of the letter was sent to Franks.
The holdover officers continue to serve because “there has been no action” by the legislators.
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Here is Part 1.
Here is Part 2.
Here is Part 3.