Kane County Should Ask for Quick Summary Judgement of Dundee Township Lawsuit Against County Clerk

John A. “Jack” Cunningham

Appellate Court case law very clear concerning PTELL

From the desk of John Lopez: It’s been a week since the filing of the Dundee Township lawsuit in the 16th Judicial Circuit of Kane County requesting declaratory judgement ordering Kane County Clerk John A. “Jack” Cunningham (R, Aurora) to extend property taxes for the 708 Mental Health Board created during the March 2020 referendum.

The Dundee Township lawsuit (all 23 pages) can be viewed here.

As a reminder, I am not an attorney and nothing said here should be considered legal advice of any kind. It is the interpretation as a citizen journalist who can read and applying discernment with facts obtained/presented.

It is my honest opinion the Kane County State’s Attorney Office (KCSAO) should move for immediate summary judgement against Dundee Township and ask the Court to dismiss the lawsuit and affirm the County Clerk’s decision based on the applicable case law, Hampshire Township Road District v. Cunningham, 2016 IL App (2d) 150917.

There is no reason to wait until August 20, which is the next action date for case 21-MR-000801.

Here is the relevant portion of the complaint filed by Dundee Township, citing the Property Tax Extension Limitation Law (PTELL), referred by the Township’s attorneys from Ancel Glink as the “Tax Cap Law”:

Point #20 of the complaint attempts to argue Dundee’s case from purely statutory point.

Now here’s the relevant finding from the 2nd District Appellate Court on a similar case referring to the same section of PTELL statute in Dundee Township’s complaint:

Remembering there is no dispute concerning a “direct referendum”, the following stands out and bears repeating:

“The sentence contains unambiguous language that it overrides other laws and applies to all districts subject to the PTELL, including the [Hampshire Township Road] District.”

Paragraph 27c, emphasis added

.

The “other laws” reference includes the Community Mental Health Act which is Dundee Township’s only point.

The Appellate Court affirmed the 16th Judicial Circuit Court’s ruling of 2015 against the Hampshire Township Road District. Case law established and affirmed, summary judgement against Dundee Township.

Dundee Township will have to return to the voters as early as March, 2022 with the Mental Health Board referendum question compliant to PTELL.

The Dundee Township 708 Mental Health Board’s next meeting is tonight at 6:30PM CDT via ZOOM. It will be the last meeting of outgoing Supervisor Trish Glees (D, West Dundee) participation in an official capacity, given she lost her reelection bid for a 2nd term last month.

Their previous meeting was on the evening of April 8, and according to Dundee Township’s case filing, the County Clerk’s office notified the township the following day of its decision, with advice of the KCSAO not to extend the Mental Health tax.

Much has changed since the last meeting of the Dundee Township 708 Mental Health Board.


Comments

Kane County Should Ask for Quick Summary Judgement of Dundee Township Lawsuit Against County Clerk — 2 Comments

  1. Iowa and Indiana ditched townships as unnecessary and duplicative and wasteful layers of government.

    We should, too.

  2. Hubbard, quit asking the ‘wrong’ questions.

    We live in Wonder State!

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