McHenry County Beats LITH Sanitary District to the Courthouse with Quo Warranto Suit

During public comment at the snippity-snap 17-minute meeting  LITH Sanitary District attorney Derke Price, said a quo warranto suit would be filed against McHenry County.

That was after the two Lake in the Hills Sanitary District Trustees appointed to $6,000 a year posts by Democratic Party McHenry County Chairman Jack Franks voted to fire Price.

Derke Price after the Lake in the Hills Sanitary District meeting last Thursday afternoon.

Friday, McHenry County State’s Attorney Patrick Kenneally beat supporters of the Lake in the Hills Sanitary District to the courthouse.

Kenneally filed a quo warranto suit supporting Franks’ position that he had the authority to appoint the two new Trustees, Democrats Eric Hansen and Kyle Kane.

The case is scheduled in Judge Thomas Meyer’s courtroom at 10 AM Monday.

This weekend, why don’t you play judge.

What you will find below are the filings by Kenneally’s staff on Franks’ behalf.

Here’s the verified complaint:

Below is affidavit:

Here is the State’s Attorney’s Emergency Motion and Memo in Support of a Temporary Restraining Order and Preliminary Injunction:

The resolution passed by the McHenry County Board on its consent agenda follows:

The real estate contract is below:


McHenry County Beats LITH Sanitary District to the Courthouse with Quo Warranto Suit — 30 Comments

  1. The law is the law.

    His rights came with his election.

    Personally I did not vote to have the chairman at large.

    Knew it was not a good idea, but, the people voted for it.

    So, we are stuck with it.

  2. Sad.

    Americans almost always turn to our dysfunctional legal system….and file a lawsuit.

    We all lose.

  3. Just because certain things were “traditionally” done at the board, does not mean it is enforceable.

    The language of this position changed it.

    The State Attorney cannot change what it is.

    Do not blame him.

    His personal feelings have nothing to do with the decision.

    If he went the way some people wanted, we could be stuck with a very expensive law suit that tax payers would have to pay for.

  4. I see shelby key as a primary factor in this debacle?

    Ive known shelby for years.

    His intelligence level is barely above that of a 3rd grader.

    So shame on Rick Forner and whoever else is causing this issue.

    Rick is a high school graduate and is concerned he will not have a job after the consolidation.

    Im interested in the appraisal that was obtained to validate purchase price.

    Im also interested in who the landowner is and connections.

    I also feel that this should be looked into as possible official misconduct.

    Spending almost a million dollars on strips of land.

    Finally I hope the district is not footing the bill for shelby’s legal bills.

    He has been a leech on the taxpayers dime for approaching 4 decades.

  5. I wouldn’t count Kenneally as one of Franks’ schlemiels just yet.

    Jacko had some nasty things to say about Kenneally just a few months ago.

  6. The only reason that Franks had to file a lawsuit is because the sanitary district was trying to rip off the taxpayers to perpetuate a fiefdom.

    His actions ought to be applauded. Not criticized.

    If the good ol boy Republicans kept their noses clean Franks wouldn’t have to do it for them.

  7. Where is the Jack Franks financial plan for the Sanitary District.

    All we have is a page or two buried in some board minutes.

    How about some better transparency.

    Like putting all the details on a web page so citizens can understand the pros and cons.

    Including the Village of Lake in the Hills plan to unionize the workesr and how that effects each employees salaries and benefits.

    Or is that just too much to ask.

  8. Mark,
    Thanks for agreeing with Franks that we need to consolidate the district.

  9. Asking for more transparency is obviously not agreeing to consolidate.

  10. Remember, Jack Franks PAC’s have received over $1,000,000 in political contributions from labor unions.

    If this consolidation goes through, the Village has said it will result in unionizing employees that were not previously unionized.

  11. We need to save taxpayer dollars. Consolidation is part of the plan.

    On a side note, I find it hilarious because Mark has a pension and lambasts unions – they very thing that gave him a pension.

  12. Oh, so no more detail on the plan to consolidate the sanitary district into the village?

    Wouldn’t want the taxpayers to have detailed information, would we.

    It’s only their money.

  13. Uh, oh. Moderate (who couldn’t find their own derrière with two hands and a flashlight) is back to sleauthing.

  14. Mark,
    You pulled this same charade during the process of formulating Cut 10.

    “Where’s the whole plan right now?!?!”

    You don’t propose on the first date. Details obviously will come.

  15. Part of Franks’ plan to cut 10 is to include ‘savings’ from bonds that will be paid off.

    That’s not Cut 10 it’s just a bunch of bullshit.

  16. Jack Franks promised he would deliver the Cut 10 plan on his first day in office.

    That turned out to be a lie.

    Jack Franks Cut 10 “Plan” appears to have been attempting to convince the county board to pass a resolution that they would cut property the county property tax levy by 10%.

    Ha ha ha.

    Was there more to the plan?


    So does Jack Franks consider the sanitary district consolidation into the village a done deal, if his lawsuit prevails?

    What other steps would be required.


    Jack Franks refuses to provide the financial details of individual current sanitary district employee pay and benefits, so taxpayers can compare costs before and after the consolidation?

  17. Wasn’t it Mt. Prospect that consolidated their waste treatment two years ago?

    Now their bills are thrice!

    Just something to look forward to as the agenda marches on.

  18. The referenced sanitary district is in Prospect Heights, which is next to Mt. Prospect.

    The sanitary district was dissolved into the village in 2015.

    The village proposal is to triple the rates allegedly due to the former Old Town Sanitary District not maintaining the infrastructure.


    Daily Herald

    Prospect Heights to Vote on Plan Tripling Sewer Bills

    July 8, 2017

    by Chacour Koop

  19. Prospect Heights Public Works is represented by IUOE Local 150.

    Lake in the Hills Public Works is represented by SEIU Local 73.

  20. Franks and friends are mining for Headlines and the District’s $$$ millions $$$ in reserves and capital funds.

    They also want you to be distracted while Franks fails to cut the real costs, the County’s budget.

    Hell, Franks even added personal staff instead of sharing county resources.

    Go look at your tax bill again.

    How is Franks going to run on that record?

    There is no secret to their motives.

    He needs bragging rights, at any cost to the District customers.

  21. The union # has nothing to do with anything.

    The facts are:

    – The LITH water department is ineptly run by Ryan McDillon. HS graduate with no training. In the last 18 months, under his watch, there have been employees that were arrested while on duty for battery to residents, and one that was terminated because of falsifying billing records of customers. He needs to be fired but Ruzanski has dug himself into a hole because of his ineptness and has no ability to do anything.

    – This is not a positive example for consolidation and Franks needs to find a better example. There will be short-term savings, but there is not a person in the LITH PW department that has any experience running a business. Mullard is a retired (retarded) military guy… boy there is lots of experience running things efficiently and saving money. His assistant Dan Kaup is about as weak and simple as a slug. I think he lives 40 miles away and has no intention of doing anything other than making a paycheck (which is too much for his ineptness).

  22. I can’t find a single article to corroborate Cindy’s assertion.

    I can’t find a single article to counter Mark being part of a union.


  23. That’s not even the same town Crazy Cindy! You just made my morning! Today I learned that, according to Crazy Cindy, Mt Prospect and Prospect Heights are the same. Also, quoting the article Cindy cites as evidence that rates wil increase, “The sanitary district had been charging an artificially low rate, city officials say, because it had not completed infrastructure improvements or built up reserve funds. While residents have continued paying the same rates, the city has been maintaining the system at a loss.”

    What kind of government does Cindy want? Maybe the kind where you throw sewage in the streets when you sewage system fails from il repair?

    You aren’t wrong, just crazy.

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