Last Thursday, Local 150 of the International Union of Operating Engineers faced off against the Algonquin Township Road District over Road Commissioner Andrew Gasser’s contention that the 5-year contract signed by predecessor Robert Miller after he lost the Republican Primary Election in February, 2017, was invalid.
Here is the order of the 2nd Appellate Court issued today in the case of Local 150 against Algonquin Township’s Road District:
ORDER
¶ 1 Held: The circuit court did not err in dismissing the counterclaims, and it did not err in granting judgment for plaintiffs on their FOIA complaint. In addition, counterplaintiffs did not provide an adequate record to review the court’s findings on fees and contempt, and we therefore resolved those issues in favor of plaintiffs. Accordingly, we affirmed.
¶ 2 Plaintiffs, James M. Sweeney and the International Union of Operating Engineers, Local 150, AFL-CIO (Local 150), alleged violations of the Illinois Freedom of Information Act (FOIA) (5 ILCS 140, et seq. (West 2016)) against defendant, Algonquin Township Road District (Road District). Sweeney was the President-Business Manager of Local 150.
¶ 3 Defendants and counterplaintiffs, Andrew Gasser and the Road District,1 filed a counterclaim against Local 150 alleging, in relevant part, that the collective bargaining agreement (CBA) between Local 150 and the Road District was invalid. Gasser was the Algonquin Township Highway Commissioner (Commissioner) and served as head of the Road District.
¶ 4 Plaintiffs moved for judgment on the pleadings, and defendants moved for summary judgment. The circuit court granted plaintiffs’ motion and denied defendants’ motion. Plaintiffs then petitioned for costs, attorney fees, and sanctions. Local 150 also petitioned for a rule to show cause. Defendants filed a premature notice of appeal in November 2018, but on this court’s own motion on April 18, 2019, we deemed defendants’ January 14, 2019, amended notice of appeal timely. Defendants argue that the circuit court erred in dismissing their counterclaim, compelling arbitration, denying their motion for summary judgment, awarding fees to plaintiffs, and finding Gasser in indirect civil contempt.
¶ 5 We affirm
What is the final result of this ruling then?
A penalty, jail, backpay or something else,?
Taxpayers loose again.
Sell before the state sinks.
Kirk?
Jim?
Hanlon and Gasser need 5 paragraphs of unintelligible drivel STAT.
Cal?
Gasser needs another “Andy Goes to Work” puff piece spruced up with on-location photography.
I like the jail option, I could picture gasser in an orange jump suit. unfortunately there’s no jail for civil penalty.
The sunshine flag of decency, justice, family-values, tax-fighting, transparency, and accountability must be lowered to half mast today due to this outrageous court decision. Sunshine blogger, please investigate the qualifications of this judge who surely must be a Democrat. Is this judge a bone-fide lawyer? Did he pass the bar exam? Is he skilled maneuvering the gavel? Did he practice law for at least 45 years before becoming a judge? What are his qualifications in Criminal law? Civil law? Tort law? Business law? Did he read the facts of this case? Can this decision be reversed? I’m not asking. I’m just asking. Help me professor! I can’t handle this! Stay tuned…tic, tock, tic, tock, tic, tock…
This Is about the most nonsensical ruling I can imagine.
Hopefully some pol is immediately introducing legislation outlawing lame duck contracts.
That is not the full order there is much more.
Many pages more including admonishing hanlon for ethical violations.
Im disappointed in you Cal, I thought you had the integrity to print the whol e truth
The Unions control Illinois – that includes the courts.
Want to win a legal union battle in Illinois?
You have to go to the Supreme Court.
So the IL Supreme court next, and more wasted taxpayers $$$$$!
Where is the photo op of Gasser crying?
How will the dogs spin this?
Will they even respond.
They don’t like to acknowledge their losers.
How much has this nonsense cost us?
Most likely less than what the Millers could steal. (not defending the Millers for all the reactionaries).
Townships and their lawyers need to go.
This “I’ll prove I was right all along” attitude is costing way to much money from both sides.
When will the board step up to approve a referendum to consolidate the road district into the township.
20+ years of corruption 3+ years of stupidity, yeah this is a system that has served us well.
That last statement is sarcasm for the stupid people.
Illinois: Most corrupt state o’ the union. Hands down. Sorry NJ and LA!
The Illilnois Supreme Court is controlled by Democrats.
Too many pages.
Illinois will always have an unlimited willingness to whore itself out.
Had such hope of Millers antics losing, in at least one instance.
Appellate Court of Illinois, 2nd District
Case No. 17-CH-482
Order No. 2-19-0026
Order filed September 10, 2019
The case was originally filed in McHenry County 22nd Circuit Court, but heard by Lake County 19th Circuit Court Associate Judge Daniel L Jasica.
The case was appealed by Algonquin Township Road District to the state 2nd District Appellate Court.
Judge Robert B Spence delivered the Appellate court judgement.
Appellate Court Judges Joseph E Birkett and Judge Robert D McLaren concurred in (affirmed) the judgement.
The Second District Appellate Court consists of nine judges and meets in Elgin.
http://www.illinoiscourts.gov/R23_Orders/AppellateCourt/2019/2ndDistrict/2190026_R23.pdf
Hopefully, this whole fiasco will motivate the voters to eliminate Algonquin Township in its entirety.
As an aside, it’s an absolute disgrace that someone like Joe Birkett can become a judge.
If only Gasser had hired a competent attorney, the result might have been different.
Hanlon’s brief was sloppy and the Court spanked him for it.
What a joke that guy is.
He’s a $400.00 per hour joke.
The big pink idiot could have hired a full time attorney, paid a lot less and got the same results.
Stupid is as stupid does.
Millers are the gift that keeps on giving it to Cary Illinois and beyond YIKES it sickening Anna is due for a fall wardrobe any takers??
NOB we know who you are, you think your gonna get your hands on that credit card again??
Never seen such a horrible family
Nob had a party at their clubhouse.
Few came.
But Lutzow was reportedly there.
Trouble is it couldn’t be determined if he ‘was all there”.
The problem was nobody could swear he ever was in the first place.
Lutzow wore a strange hat.
It looked one thing like this:
http://2.bp.blogspot.com/–PqH9wjxMp4/VMOzAgZxQSI/AAAAAAAAAT4/x4uBCSavDY0/s1600/weird-hats-13.jpg