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April 12, 2024

Carlinville’s Motion to Dismiss Denied, Certified Question Granted 10-17-2019

By John Kraft & Kirk Allen

On October 17, 2019

Carlinville, IL. (ECWd) –

The Brotze v. Carlinville lawsuit, generally about whether the city had statutory authority to form and join a private non-profit water company, was heard today in Macoupin County Circuit Court.

Today’s Hearing was on Carlinville’s Motion to Dismiss the lawsuit.

The Court DENIED Carlinville’s Motion to Dismiss and GRANTED Plaintiff’s request for Certified Question to the Appellate Court.

The Certified Question, in general terms, is: Can the City of Carlinville, a non home rule unit of government, team up with other units of local government and a private non-profit corporation to form a new private non-profit corporation with the purpose of providing water when there is no express statutory authority to do so.

We will get the actual text of the question sometime next week.

This lawsuit was brought after Carlinville (along with another municipality and another private nonprofit water company) voted to form, join, and partially fund a new private non-profit water company with the purpose of Carlinville contracting with this new private company to sell water to Carlinville and others.

We have written about this issue several times (the original lawsuit which has been amended several times) – (Discussion on an attorney’s opinion) – (the criminal trespass notice).

We appreciate your support:


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