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July 24, 2024

Letter Ruling on the Denied Motion to Dismiss –

By John Kraft & Kirk Allen

On June 5, 2014

This is an update to this article (click here) and you will be able to read the Letter on file in this case that denied the motion for involuntary dismissal.
Plaintiff – Kraft v. Defendant Arcola Township
This is a summary of my opinion on what the Letter Ruling stated, you can read the actual ruling at the end of this article.

Defendant filed Motion for Involuntary Dismissal, here is the letter ruling on that motion:

1. Defendant argued that Kraft did not have standing because the FOIA requests were on behalf of the Edgar County Watchdogs, Inc. – Letter ruled that Kraft requested FOIA in his own name and set the address of Edgar County Watchdogs as place to receive response.
2. Defendant argued there was only one FOIA request instead of two. Letter ruled this was not a matter barring claim (complaint).
3. Amount of payment for FOIA production questioned. Letter ruled it not an issue or cannot be determined at the pleading stage.
4. Defendant argued there was no genuine issue as to material fact. Letter ruled this should not be raised in this motion, but instead during a Motion for Summary Judgment.
5. Defendant filed several affidavits claiming complete compliance. Letter ruled that, on their face (responsive documents), there were multiple pages in length, but not all pages were furnished and the affidavits do not account for the absence of the additional pages, and that Defendant’s failure to furnish the same is not in compliance with the Freedom Of Information Act.
6. Other items questioned that were not germane to this motion, but could be issues raised under Motion to Dismiss in another paragraph of the civil code.
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  • Kirk Allen
    Posted at 22:43h, 05 June Reply

    In short, they got their back side handed to them!

  • $ man
    Posted at 07:16h, 06 June Reply

    Not suprising at all,Mark,Deana,Bill,and Corky wasting tax money to hide what they have been up to.Mark Petty said he would keep the information from going public,maybe he was wrong.Keep up the pressure ECWD,their loopholes are running out.

  • Angry Taxpayer
    Posted at 07:16h, 06 June Reply

    Way to spend the taxpayers money Bill Coombe first you spend our money foolishly on a secretary to use our tax money however you choose then you pay a secretary and a lawyer to cover up what you have done. What a piece of work , it is time you start paying

  • Kirk Allen
    Posted at 08:35h, 06 June Reply

    “Defendents failure to furnish the same is not in compliance with the Freedom of Information Act” – The JUDGE has declared in that statement that they HAVE NOT FOLLOWED THE LAW!. They WILL lose this fight and the records will be made public!

  • who are you kidding
    Posted at 16:47h, 06 June Reply

    Plus pay a fine on each civil suit they lose, I believe.

  • Big n Bowdre
    Posted at 20:22h, 06 June Reply

    Mark and Deana have made a living out of you guys all these years because nobody ever asked.Now the courts are ruling against them,GREAT NEWS!Thanks to jmkraft and Kirk Allen their kind of control will come to an end.Once again we told you guys she would run your Township into the ground,that’s why we sent her packing.

  • Their time has come
    Posted at 13:40h, 10 June Reply

    Let us all know over here when you get to talk to the judge you can give all of us taxpayers a good idea on how much these clowns have cost us over here. Thanks for the assistance, pretty sure everybody will pay attention when they hear what it is costing to hide information

  • John Kraft vs, Arcola Township
    Posted at 07:41h, 12 June Reply

    According to the Arcola Record Herald Courthouse News the Township is involved in a lawsuit that started back in November 15, 2013.That sounds like a serious matter,so why are we just now reading about it in the paper ?Definition:newspaper-a printed publication,usually published daily or weekly,which reports the latest news of current events and offers opinions on them.,So Chris,how about it?

    • jmkraft
      Posted at 08:11h, 12 June Reply

      They only reported on one of the law suits?

  • Newshound
    Posted at 09:06h, 12 June Reply

    jmkraft,the lawsuits and the motion to dismiss,which was denied,is all on the Douglas County Courthouse News page,under Law Petitions.Is the FOIA officer Bill Coombe,required to appear in court or can he continue to hide behind their attorney while spending taxpayer money?

  • Clean House
    Posted at 07:24h, 13 June Reply

    Even though they are good at answering a question with a question they have now run out . the only question left now is why wont you release public information that everyone knows you should have? William Coombe your time has come you have sure showed everyone what you are made of. Either put up or shut up or Please go away

  • Lake Lady
    Posted at 19:13h, 13 June Reply

    It looks like the Township has made the big time.Arcola’s good ole boy,Mark Nacke and “Let me help you”Deana Shields are running out of rope.The Courthouse News is very telling,now let’s see how many of the na sayer’s will admit,there’s something amiss.Why spend all this money and time not answering FOIA’s if there isn’t something to hide?

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