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July 22, 2024

Coles County Taxpayer Federal lawsuit – Motion to Dismiss and Opposition to Dismiss filed

By Kirk Allen & John Kraft

On September 1, 2017

Coles Co. (ECWd) –

Coles County, through their hired attorneys out of Champaign, filed a four-page Motion to Dismiss in the Federal Court.  The county is of the position that the Federal Court has no jurisdiction over the matter because they claim there are state level remedies.

The Opposition to the Motion to Dismiss that was filed yesterday appears to lay out a solid case as to why the Federal Courts is, in fact, the jurisdiction for the case to be heard.

Reading the motion to dismiss followed by the response will give you a better understanding of the case.  Considering tax law is probably one of the most complicated of all our laws, we can only wonder what the courts are going to decide on this motion.  Reading the motion to dismiss followed by the response, leads us to believe that the law is on the side of the Taxpayers who brought the case forward, but then again this is Illinois and who knows what an Illinois Federal Judge will determine.

I say that because of a recent Illinois Federal Judge determination which completely failed in understanding the Illinois Open Meetings Act and declared that action can be taken in closed session.  That was at the College of DuPage case, which naturally that decision is being appealed.

Let’s hope the Judge in this case has a better grasp of the rule of law than was displayed in the COD case.

14 Plfs' Memo in Opp to Dismiss 8 31 17



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