November 16, 2016 · 1 Comments
SPRINGFIELD, IL. (ECWd) –
Today, the 4th Appellate Court reversed the decision of the 5th Circuit Court in granting the Clark County Park District’s Motion to Dismiss an Open Meetings Act suit brought by ECWd’s Kirk Allen and John Kraft.
We filed this court action on February 18, 2015 the day after the Park District Board took action in a public meeting without properly notifying the public what they were voting on or what action they were taking – as required by the Open Meetings Act, Section 2(e).
This was initially a pro se lawsuit, but we ended up hiring Jacob Smallhorn, Tapella & Eberspacher LLC, Charleston, Illinois to prosecute this on our behalf.
In this case, the Park District actually filed for sanctions against us claiming we were the Edgar County Watchdogs (true), and ran a website called Illinois Leaks (true), and that this was filed simply to harass the board and it was frivolous (both false). The Circuit Court denied their Motion for Sanctions and the park board did not appeal that denial.
Some key statements made in this Opinion reversing the Circuit Court are:
Now that the Motion to Dismiss is reversed, this case should progress through the Circuit Court and a hearing date should be set to hear the case.
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