When we last left the dispute between the three McHenry Township Trustees who drastically cut the Road District property tax levy, Associate Judge Kevin Costello’s decision upholding the Township Board’s slashing of the levy had been appealed to the Appellate Court in Elgin.
The problem I had with the decision is that I could not figure out his reasoning without the transcript.
The Appellate Court had the same problem:
Additionally, we have no record as to what the trial court’s reasoning was for denying the TRO.
There is no transcript from the hearing, no bystander’s report, no agreed statement of facts, and the order does not contain any explanation of the trial court’s reasoning.
As such, we have no way of determining whether the trial court’s decision constitutes an abuse of discretion.
The appellant has the burden of submitting a sufficiently complete record to support their claim, and in the absence of a sufficiently complete record it will be presumed that the trial court’s actions conformed with the law.yj
The Appellate Court Justices also noted that the correct entity had not been sued.
The Road District sued the members of the Board individually, instead of the Board itself.
It let stand Costello’s decision which allowed the cut to Highway Commissioner James Condon’s tax levy from $3 million to $2,095,000.
Today was the last day to file the levy.
Jim Militello and Robert Hanlon represented the Township Board.