The law appears to be clearly on the side of commercial and industrial property owners in Coles County in their property tax assessment lawsuit against the county, the Edgar County Watchdogs (ECW) argued recently while acknowledging that such clarity can be subjective.
“Reading the motion to dismiss followed by the response, leads us to believe that the law is on the side of the Taxpayers who brought the case forward, but then again this is Illinois and who knows what an Illinois Federal Judge will determine,” ECW co-founder Kirk Allen posted on the group's Illinois Leaks website. “I say that because of a recent Illinois Federal Judge determination which completely failed in understanding the Illinois Open Meetings Act… .”
Coles County responded to the lawsuit by filing a motion to dismiss, saying federal courts do not have jurisdiction over the case because there is a state-level remedy to the plaintiffs' complaints. The plaintiffs responded with an opposition to the motion, in which they explain why they believe the federal court should her the case.
Allen wrote that his misgivings stem from a similar case that came about not long ago.
"I say that because of a recent Illinois Federal Judge determination which completely failed in understanding the Illinois Open Meetings Act and declared that action can be taken in closed session," he posted. "That was at the College of DuPage case, which naturally that decision is being appealed. Let’s hope the Judge in this case has a better grasp of the rule of law than was displayed in the COD case."
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