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March 18, 2024

RIDES Mass Transit v. Edgar County: Second Amended Complaint Allowed

By John Kraft & Kirk Allen

On July 20, 2017

EDGAR CO., IL. (ECWd) –

Just days prior to the scheduled Hearing on Edgar County’s Motion to Dismiss, RIDES Mass Transit District filed a Motion to file a second Amended Complaint. That Motion was approved by the Court and they were given until August 1, 2017 to file their amended complaint. Edgar County has until August 29, 2017 to answer the amended complaint.

This suit was brought by RIDES Mass Transit District after Edgar County placed the funds remaining after sale of the East Central Illinois Mass Transit District’s assets into the county treasury as mandated by state law:

Local Mass Transit District Act:

Section 9: . . . After payment of all its debts and settlement of all obligations and claims, any funds remaining after the sale and disposition of its property shall be disposed of by payment to the treasurer of the county or municipality which created it. . .

RIDES Mass Transit District seems to think that since they convinced the previous county board to sign an agreement, which violated state law on disposition of those funds, that the county should still be bound by that agreement. Edgar County thinks otherwise and we believe they will prevail.

Below is RIDES’ answer to Edgar County’s Motion to Dismiss (which will not be heard and will presumably  be refiled after the second amended complaint by RIDES is filed):

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2 Comments
  • Mary Jo Barbosa
    Posted at 14:15h, 20 July

    Whether it’s against the law or not, I guess an “invalid contract” is a Contract and cannot be “impaired or dimished” in this state. I’m really having a hard time wrapping my head around the way people think now-a-days. SMH!

    • jmkraft
      Posted at 20:48h, 20 July

      RIDES-MTD thinks an invalid contract is still a contract, but I think they are the only ones holding that belief.

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