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July 20, 2024

Algonquin Township Road District files Motion to Vacate TRO and Preliminary Injunction

By Kirk Allen & John Kraft

On August 31, 2019

McHenry Co. (ECWd) –

The Algonquin Township Road District filed a motion to vacate the temporary restraining order and preliminary injunction which is related to the Township Clerk’s counter/cross-claim that was vacated for being advanced without a cause of action.

While the motion lays out a clear timeline of events, we believe there is a bigger message being revealed in this whole process that has been in the courts for over two years.

James Kelly, the Township attorney, is supposedly well versed in Township law.  Early on in the litigation events at the Township, the township board permitted the Clerk to hire her own attorney that lead to a counterclaim in the courts. According to one of the trustees, this was allowed based on the advice of James Kelly who was conflicted in the matter.

By all indications and actions taken, Kelly has seen no problem with a Township Clerk bringing a counterclaim forward in her capacity as Clerk, even though there is no provision for such an action in the Township code.   Lukasik brought this action against Charles Lutzow, the Township Supervisor, and Andrew Gasser, the Township Road District Highway Commissioner.  One would think Kelly would have known this was not proper considering his alleged Township law expertise.

We encourage everyone to read the actual motion to see the timeline laid out and facts presented on standing.  It appears two attorneys, James Kelly and David McArdle have been profiting quite nicely over the last two-plus years in an action improperly brought forward.  As it relates to the Road District Attorney defending those improper actions, he has not billed for work in that case.

While earlier rulings subject Gasser and Lutzow to an injunction, well-reported by the local media, it is clear they ought not to have to be subject to an injunction wrongfully entered.  The recent court actions have yet to be reported by the local media.

As outlined in the motion from the Road District,

“Andrew Gasser ought not have to be subject to an injunction wrongfully entered on a preliminary basis when no cause of action was ever properly pled by a person without standing.”

You can view the motion below or download at this link.

Motion to Dissolve TRO Preliminary Injunction with ex FF



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