December 14, 2012 · 6 Comments
EDGAR CO. (ECWd) –
The hearing in the Freedom Of Information Act (FOIA) lawsuit of Kraft (Plaintiff) vs Conover (acting as FOIA officer) and Clark-Edgar Rural Water District (Defendants) was held on December 11, 2012. This lawsuit, 12-MR-44, was filed on October 3, 2012 in response to the CERWD’s denial of a FOIA request for public documents in violation of 5 ILCS 140, the Illinois Freedom Of Information Act.
The complaint sought a declaration from the court that the defendants were in violation of the Act, production of the document(s) requested, payment of fees and costs, and other just and equitable relief as outlined in the Act.
The issue in this case was that the CERWD attempted to pass off an invoice to plaintiff, incurred by a separate party in a separate FOIA request, therefore effectively denying the plaintiff FOIA request.
The order by the court that Denied the Motion to Dismiss did not come as a surprise to the Plaintiff, as the law speaks for itself and is quite clear on the issue.
What happens next? I believe the CERWD attorney will recommend the district pay the costs/fees and produce the document(s). The next water district meeting in Monday, Dec 17, 2012; the agenda for the meeting has an executive session scheduled to discuss and act on litigation. I’ll let you know what happens…
Below are the documents pertaining to this suit.
Original Complaint file October 3, 2012
Plaintiff Response to Motion To Dismiss
Defendant Memorandum of Law and Authorities in Support of Motion to Dismiss
Memorandum of Law and Authorities in Support of Plaintiff Response to Defendant Motion to Dismiss