Continuing Conflict Between Andrew Gasser Attorney Robert Hanlon and Algonquin Township Attorney Jim Kelly

Reprinted with permission of Illinois Leaks:

Algonquin Township Attorney James Kelly files motion in case not involving the Township?

McHenry Co. (ECWd)James Kelly, attorney for the Algonquin Township, has filed this motion to Modify a Court order but there is just one small problem or a big one if you’re James Kelly.

Karen Lukasik

The motion he filed was on behalf of the Township, which is not even named in the case he cites!

The defendants named in the motion he filed are Karen Lukasik, individually and in her capacity as Algonquin Township Clerk, Anna May Miller, and Robert Miller.

Lukasik has her own attorney handling her case and neither Anna May Miller or Robert Miller worked for the Township so Kelly can’t represent them.

Why did Kelly file a motion in a case that the Township is not named in? 

Rob Hanlon, the attorney for the Road District didn’t waste any time filing a response to Kelly’s motion.

That response can be viewed below or downloaded at this link.   I think the eleven points made by Hanlon are pretty clear.

Any guesses as to what the Judge is going to say on this one? 

1) The motion to modify a prior order of this court is advanced by Algonquin Township. 
2) Algonquin Township is not a party to this action.
3) Algonquin Township has not been a party to this action at any time.
4) Algonquin Township is not a named Defendant in this cause.
5) The briefing schedule issued in this case is directed to Plaintiffs and defendants in this case, not Algonquin Township.
6) Algonquin Township has not interplead into this cause of action.
7) Algonquin Township does not have any obligation to respond to the 4th Amended Complaint.
8) The Motion advanced by Algonquin Township ought to be denied outright for the simple reason it is not a party to this action and extending the time for it to answer or otherwise plead is simply confusing and serves to create issues that are not before the court.
9) The Motion to Modify Court Order is signed by counsel for counter-defendant, Charles Lutzow. Mr. Lutzow has no obligation to respond to Plaintiff’s 4th Amended Complaint because he is not a named defendant to the 4th Amended Complaint.
10) Charles Lutzow has never been named as a Defendant.
11) The motion is advanced for no legitimate purpose and serves only to waste the court’s time.


Continuing Conflict Between Andrew Gasser Attorney Robert Hanlon and Algonquin Township Attorney Jim Kelly — 5 Comments

  1. Looks like Mr. Miller’s best friend Lutzow is doing his best to thwart justice.

    Meanwhile, Mr. Gasser is paving roads, building bridges, coordinating recycling, coordinating mosquito spraying, removing dead trees, fixing potholes, and not backing down from the bullies in the political class.

    Andrew and his team have been excellent in our neighborhood.

  2. I have not followed this case, but I do have an observation.

    Did Attorney Jim Kelly go before the same Judge hearing the original case, to file this document, or is he switching Judges like Gary Pack would do?

    I do remember Judge Arnold was really upset when it was done to him, everyone could hear his opinion of being set up.


    Doesn’t the township have an interest in this case? They are required to defend the official in any matter arising out of her official acts.

    They are liable for her torts and so should have an interest and duty to defend.

    IMO we’re getting bogged down in the petty stuff that is really of little import.

    The other cr*p going on is more important.

  4. Should be:


  5. John Whine:

    The township is not a party and Mrs Lukasik has an attorney representing her in her official capacity. It appears that Mr Kelly made another mistake.

    Did Mr. Kelly even read the pleadings? If he had there would be no reason to file that motion.

    I didn’t see in the Township minutes and agendas anything that would grant him the authority from the board to file that motion.

    This makes you wonder why Lutzow keeps Kelly on the payroll.

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