Reprinted with permission from Illinois Leaks:
Algonquin Township Road District seeks Preliminary Injuction, Mandamus, Declaratory Judgment and other Relief against Algonquin Township
Summary of the Case: “Defendants illegally reduced the Algonquin Township Road District budget for fiscal year 2018 – 2019 by one-hundred thousand dollars ($100,000), thereby preventing Plaintiff Andrew Gasser, the Highway Commissioner, from performing his statutory duties and meeting the contractual obligations of the Road District as it relates to ongoing, pending litigation commenced by third parties. Plaintiffs seek to overturn the Defendants’ illegal action.
Moreover, on June 13, 2017, the Defendants assumed the power to command duties and actions over the Algonquin Township Road District (the “Road District”).”
As we have pointed out in a past article, we believe the Township overstepped their authority and we believe the courts will order the Township to correct their improper actions.
We are pleased to see the very court cases we cited in this article were also used in support of the complaint, because it validates the misconception that you have to be an attorney to understand case law.
We believe the direction given by James Kelly, the Township attorney, was wrong and appears to have been done as a mechanism to ensure more billable hours.
We encourage everyone to read the case law cited in the complaint to grasp how wrong the Township was in their actions.
We once again urge the township to terminate their attorney.
The next status hearing is set for November 29th, 2018 with Judge Myer.
This was a result of three motions of reassignment that removed Judge Chmiel, Sullivan, and Costello from the case.
You can download a copy of the Complaint at this link or view below.