Sunday, April 19, 2009

Grundy County Board chairman muscles neighbor

County board chairman Frank Halpin recently made an appearance in the Illinois Supreme Court.  Development of a new subdivision near his farm in South Wilmington disrupted drainage.  The solution?  A new drain tile through the farm of his neighbor, Mr. Schultz.  

Schultz didn't like the idea of Halpin tearing up his property, and refused.  Halpin sued for the right to install the tile through Schultz's farm - and won - in Grundy County circuit court.  The appellate court reversed in an opinion which you can read here:


Halpin then appealed to the Illinois Supreme Court.  Watch the oral arguments here:


Schultz represents himself.  He names all the players and does a terrific job defending himself against the Grundy County machine.  Watch the whole video.  Schultz presents his case in the second half. 


Feeney to get high-paying city consulting job?

Dick is up to his old tricks again, scheming to keep Brian Feeney on the payroll, despite the fact that east side residents voted him out.  The police union representative has been directed by the mayor to negotiate with Brian Feeney, even though Feeney's term of office is expiring.  Feeney is like a guest who overstays his welcome.  He just doesn't know when to leave.

Sweet Deal for Coal City Administrator

The Coal City village administrator has had a stroke of extraordinary good luck.  It seems that Mr. Fritz submitted the winning bid on one of the houses in the Richard's Crossing subdivision, by the now-bankrupt Kennedy Homes.  A new house for only $85,000?  This sounds like a terrific deal. 

Thursday, March 26, 2009

City of Morris to increase fees?

Are plans in the works to begin charging residents up to $40 per month for garbage pickup?  

Tuesday, November 4, 2008

Court says taxpayers can sue to stop TIF abuse

A new Illinois appellate court case gives ordinary citizen taxpayers the right to sue to stop abusive TIF practices by a municipality.  

In Malec v. City of Belleville, the City of Belleville passed an ordinance to enter into a TIF agreement to develop vacant property that it said was "blighted."  Steven Malec, a citizen and taxpayer, sued to declare the city's TIF ordinance invalid because the area was not in fact "blighted" as required by the TIF law.

The city moved to dismiss Malec's claim, trotting out the familiar but untrue argument that TIF does not raise taxes because TIF funds would not exist but for the creation of the TIF.  Thus, according the the city, the general funds of the city were not impacted, taxpayers were not affected, and Malec had no standing to sue.  The local trial court agreed with the city and dismissed Malec's suit.

The appellate court reversed the trial court and reinstated Malec's lawsuit.  The appellate court rejected the city's argument, finding that  TIF does impact taxes and general revenues.  Accordingly, taxpayers are permitted to sue to stop cities from violating the TIF law, even if they don't live in the TIF district.

Finally, a court sees through the patently false (but often repeated) assertion that TIF does not raise taxes.