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May 29, 2024

Appellate Court DENIED Carlinville’s Motion To Stay Alluvial Case –

By John Kraft & Kirk Allen

On September 6, 2020

Carlinville, IL. (ECWd) –

The City of Carlinville filed a Motion to Stay in the Appellate Court to delay enforcement of Judgment declaring Illinois Alluvial a void corporation, and prohibiting Carlinville’s participation in the unlawful actions.

The Brotze’s filed a Response to Carlinville’s Motion through their attorney, Jacob Smallhorn.

The Illinois Fourth District Appellate Court DENIED Carlinville’s motion.

“IT IS ORDERED that appellant’s Motion to Stay in the Reviewing Court Pending Appeal is denied.”

In Brotze’ response:

  • The Motion for Stay Appellant filed with the Trial Court did not have any exhibits attached to it, nor did the Motion for Stay provide any additional information to flesh out the reasons why a stay is necessary under the circumstances
  • After a contested hearing on the merits, on August 3, 2020 the Trial Court entered an Order finding that Appellant improperly attempted to offer evidence of contractual relationships that might be disrupted if a stay were not granted after stating at hearing on the order granting summary judgment that no contracts existed, that the proposed water company is not actually providing potable water to anyone, that Appellant was free to pursue other, legal methods of solving its water problems, and therefore denying Appellant’s Motion for Stay
  • Nowhere in its Motion for Stay has Appellant made any allegation that it has a likelihood of success on appeal
  • It would set a dangerous precedent for the Court to allow parties to undertake voluntary actions with third parties during the pendency of legal proceedings and then use those voluntary actions as the basis for a stay of proceedings

You can read the Supporting Record Table of Contents, and the Supporting Record by downloading them.


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