Wilmington, IL. (ECWd) -
Wesley Township filed a Counter Claim in the FOIA lawsuit. The counterclaim alleges Fraud, Civil Conspiracy, Abuse of FOIA, Intentional Infliction of Emotional Distress, and seeks a jury trial.
Leonard McCubbin, an appointed trustee of the Township, is seeking $50,000.00 in damages, punitive damages sufficient to punish Brzana, costs he has incurred in the matter, and any other relief the court deems just and proper.
While there are many items that jumped out at us during the reading of the counterclaim, one in particular was the apparent conflict with prior documents filed in the case. For example, in the Township's answer to the amended complaint, the Township admits the FOIA requesters are the Plaintiff in the case, Cindy Brzana, and Tim Grant. However, in the counterclaim, they take a different position and allege Tim Grant did not file any FOIAs and then allege Brzana committed fraud by submitting an FOIA under a false identity. Considering a person can file a request anonymously we doubt this allegation will go anywhere.
It's clear from reading the counterclaim a lot of assumptions are being made and it will be very interesting to follow this case through the system.
We urged the Township to settle this case a long time ago, however, it's clear they now intend on incurring legal expenses which may well exceed the settlement previously offered. The only winners in this type of case are the lawyers.
A copy of the Counterclaim can be downloaded at this link or viewed below.