Grafton Township Supervisor Linda Moore’s string of court victories met a bump in the judicial road Thursday.
A unanimous 2nd Appellate Court panel decision overruled McHenry County Circuit Court Judge Michael Caldwell’s order that Moore attorney John Nelson should be installed as Township Attorney without Township Board approval.
This separation of powers suit loss, argued by Ancel Glink attorney Thomas G. DiCanni, comes after Moore won a separation of powers suit concerning the exercise of her executive branch powers as Township Supervisor.
Written by Justice Donald C. Hudson, with Justices Robert D. McLaren and Mary Shostok concurring, the opinion ruled that “due respect must always be shown to other co-equal branches of government.”
The appeals court ruled that Judge Caldwell should not have interfered with the discretion possessed by the board on this issue.”
“…the court system has no role to play in reviewing whether the supervisor’s appointment of [John] Nelson should be confirmed,” the decision says.
In further explaining its decision, the panel wrote, “…this case concerns a court directing a legislative body how to proceed on a matter that would typically be within the discretion of the legislative body.”
Finally a win for the good guys!!!!
This is why we still vote. Majority rules. If the Trustees want to vote against the Supervisor in session then, provided they have a majority, they win. This does NOT mean the Supervisor can then run to the courts and whine. No matter how broken our system of government is today due to whatever influences invade it this ruling shows our courts still will stop short of edifying dictatorships at any level of our government. Well done Second District.
Linda – You can’t always get what you want. But if you try, sometimes you’ll get what you need. I know what I think you need. Please, please, please try working with others.
think there is only one “L” in ‘over ruled’
Beats me. I’ll ask the editor.