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June 17, 2024

Algonquin Twp – Lukasik Counter-Complaint Vacated by Court: No Cause of Action –

By John Kraft & Kirk Allen

On August 29, 2019

McHenry Co. (ECWd) –

Before the Court was Gasser’s Motion for Judgement on the Pleadings – because counter-complaint on file did not contain a cause of action. An amended counter-complaint was filed. The amended counter-complaint was still insufficient.

The Court, on its own Motion, struck Algonquin Township Clerk Karen Lukasik’s amended Counter-Complaint citing lack of a Cause of Action.

We have long-known that a Township Clerk was never given the statutory power to file suit, and it appears this Court agrees (and should become apparent if another amended counter-complaint be filed).

Nowhere in the Township Code does it grant the Clerk the power to sue.

Lukasik was given until Sep 20th to file another amended counter-complaint / re-plead an actual cause of action (and must demonstrate Standing, or authority to litigate).

EDITED to correct spelling and other errors.

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