McHenry Township Road District Tax Levy Suit Against Trustees Lost, Allowing Next Year’s Levy Cut over $900,000 to Stand

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.


McHenry Township Road District Tax Levy Suit Against Trustees Lost, Allowing Next Year’s Levy Cut over $900,000 to Stand — 15 Comments

  1. I hope the road district did not have to pay attorney’s fees if the their attorney did not even know who to sue.

  2. Jamie Whombacher represented the Road District in the case.

    Her partner is Rebecca Lee (Bob Miller’s Daughter).

    You can bet That firm will bill for the BS

  3. Township board – 2, Condon – 0. Why not the Supreme Court, Condon? You’ve got the bucks!

  4. Condon’s clock ran out at 4:30 Tuesday.

    The Supreme Court will not entertain a moot issue.

    Lee and Wombacher waited to the last second file thinking they would get the TRO.

    Condon will have to ask the voters for more money.

  5. When singing on née years:

    Should old acquaintance be forgot,
    and never brought to mind?
    Should old acquaintance be forgot,
    and auld lang syne?
    Should townships be forgot, and never thought to mind?
    Should highway commissioners be taught
    Lessons of justice?


    For auld lang syne, my dear,
    for auld lang syne,
    we’ll take a cup of kindness yet,
    for auld lang syne.

    And surely townships will belly up to your pint cup!
    and surely I’ll buy Highway commissioners friends!
    And we’ll take a cup o’ corruption yet,
    for auld lang syne.

  6. Condon is a Big Government flunkey and arrogant public ‘servant’ who has helped himself like a pig at the pastry cart.

    Finally some good people stood up to the bully.

    2020 ends on a good note.

    Hopefully the corruption of Townships begins to get peeled back.

  7. Little Jimmy Condon needs to start going to a 12 step program.

    AA, Anger Management, Crime No More, Bankrupts Anonymous would be good starts.

  8. A nice victory against a township tax pig.

    Let’s try it in Nunda, Grafton and Algonquin township cesspools.

    Iron Mike Lesperance, Road District Poobah for Nunda, lost over $5k in bets that Condon would win, then he doubled down on even more for the appealed case.

    Will he pay?

    Time will tell.

  9. Wow!

    An Illinois court slapping down an overtaxing governmental unit?

    Maybe there’s hope yet.

  10. Jim Condon really cares about citezens.

    He’s on call 24/7.

    These moron trustees have zero engineering experience.

    They break.the law on daily basis

    The law says the Road District decides the levy

    Can’t judge even read????

    Is it too much to ask?

  11. Apparently, “save townships” knows the law better than the Appellate Court!

  12. Of course, we don’t know why Associate Judge Kevin Costello ruled against the Road District.

    Neither did the Appellate Court.

    It noted that the lack of a transcript having been filed with the appeal.

  13. Save Townships, Condon really cares about citizens!



    Try calling the office.

    Not in?

    You must have just missed him!

    You might be able to find him at McCullom Knoll flipping burgers.

    That’s where he does most of his “caring about citizens!”

  14. This is what happens when a bankrupt gets his hands on a government unit.

    The Road Commissioner is a disgrace. Poor, poor judgment.

    But that’s the way things go in McHenry Township.

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