Judge rejects McHenry Township v County of McHenry ruling against McHenry County clerk since Dundee Township issue was PTELL not Election Law
Next steps uncertain, given timing of the ruling during Thanksgiving week
Monday afternoon, Kane County Circuit Judge Kevin Busch issued his ruling in the 16th Judicial Circuit for Dundee Township v John A (Jack) Cunningham, in his official capacity as Kane County Clerk over his office’s decision, with advise of the Kane County State’s Attorney, to not extend property taxes after the successful passage of a 708 Mental Health Board for Dundee Township referendum during the 2020 primary election.
As expected, the lack of referendum question language as required by the Illinois Property Tax Extension Limitation Law (PTELL), which was Appellate Court affirmed Case Law from a 2015 decision made against the Hampshire Township Road District was the overriding precedent cited by Judge Busch.
The Township, represented by Ancel Glink, cited the 2021 decision against McHenry County Clerk Joe Tirio mandating a county clerk’s role with referendum questions is purely ministerial, and not subject to the clerk’s interpretation of Illinois law.
The Judge ruled the context of the McHenry Township case was solely under election law, and not property tax extension.
Next steps, now that 16th Circuit case 21-MR-000801 now closed, at this point are undetermined.
The background information McHenry County Blog published over six months ago, as expected was valid in this 2021 litigation and can be viewed here.