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November 3, 2024

Shelby County – Farm Sale Bid To Be Opened By Judge – SA Shut Down On Appointment Of Counsel

By Kirk Allen & John Kraft

On October 30, 2024

Shelby Co., Ill. (ECWd) –

A hearing was scheduled for a motion to intervene on the county farm sale TRO case.  Once again no motions were heard and the can was kicked down the road to another hearing scheduled for November 13, 2024.

Rob Hanlon, the former Shelby State’s Attorney and current Special Assistant State’s Attorney in Moultrie County, was present on behalf of the intervener, Kevin McKitrick.

When the discussion came to the County Board and Chairman still not having legal representation in a case that has now had three hearings, Hanlon informed the court he would be willing to represent the Chairman and the County at no cost and the court could make that appointment immediately.

When the Shelby County State’s Attorney addressed that point she confirmed that the Attorney General would not be able to provide counsel for the board or the Chairman. Hanlon addressed the impropriety of the State’s Attorney seeking counsel for the board as that is not her place.  For those who do not understand why a State’s Attorney seeking counsel for the county board and chairman is a problem need look no further than her own filings indicating a potential conflict with the board and chairman, never mind the law does not allow it.  How on earth would it be proper for a conflicted attorney to seek out an attorney to represent the very people she has admitted she has a potential conflict with?  Fox watching the hens?

Judge Kibler shut down the conversation and firmly asserted that it is the Court’s duty to seek counsel and no one else’s. We agree 100%.  Kibler indicated he would take care of appointing counsel for the board and Chairman.

With no objection from any of the attorneys present, Judge Kibler is going to review the single bid received for the farm sale that has been in the custody of the Sheriff’s office.

Counsel for Chris Boehm appeared upset that the number of bids was known as if something improper was done.  The bid process does not prevent the public from knowing the number of bids submitted after the closing date for submission.  The bids are sealed so until the judge releases the information or permits the county board to release it the farm sale is in limbo.

While some believe the court case was brought to simply stall the sale of the county farm until a new board is seated and they can then stop the sale, a qualified bidder may be able to take legal action against the county if that happens.

 

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1 Comment
  • Ted Hartke
    Posted at 09:57h, 31 October Reply

    Meanwhile, is the soybean crop still lingering in the field?

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