January 13, 2017 · 0 Comments
EDGAR CO., IL. (ECWd) –
During the hearing on January 11, 2017, the Court heard arguments from both RIDES Mass Transit District and Edgar County on Edgar County’s Motion to Dismiss the lawsuit brought by RIDES-MTD.
Judge Glenn heard the Motions and arguments, denied Edgar County’s Motion to Dismiss under Section 2-619, but GRANTED its Motion To Dismiss under Section 2-615. Both Counts were stricken and RIDES was given 21 days to file an Amended Complaint should they see fit.
From the case history in Judici: “Mr. Hunn present for Pltf. Mr. Brokaw present for Deft. Cause called to hearing on Deft’s Motion to Dismiss. Said motion is denied as to Section 2-619, but allowed as to Section 2-615. Both counts of the Complaint are stricken. Pltf given leave to file Amended Complaint within 21 days. Deft may file responsive pleadings within 30 days thereafter.”
This lawsuit was brought after a nearly 4-year back-and-forth between RIDES-MTD and Edgar County on the legal disposition of funds and equipment left after all debts were paid following the dissolution of the East Central Illinois Mass Transit District – essentially dissolved due to massive mismanagement and alleged theft of public funds. Something no one has been officially charged with yet.
During the failed tenure of former Edgar County Board Chairman Chris Patrick’s short term in office, RIDES was allegedly told they would receive all the left over funds from the dissolution of ECIMTD – and we (ECWd) objected, continuing to bring the issue to the forefront for years (since early 2013), noting that the county did not have the legal authority to hand over the cash to RIDES, but it instead had to go to the county general fund for the use of the county.
RIDES filed suit agaisnt Edgar County for the $152,150.49 last December – this was their first hearing on the suit.
The final disposition of this lawsuit could have a positive impact for Clark County to the tune of over $60,000 they have yet to receive as their portion of the proceeds from the dissolution of ECIMTD. Additionally, there are still the outstanding issues of the real estate improperly “sold” by ECIMTD and the two transit busses improperly “leased” to RIDES from Edgar County.
Our previous article on this situation are here: http://edgarcountywatchdogs.com/index.php?s=RIDES
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