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East Central Reporter

Thursday, October 31, 2024

Shelby County farm sale delayed amid legal representation concerns

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Lori Barringer Chief County Assessment Officer | Moultrie County

Lori Barringer Chief County Assessment Officer | Moultrie County

A hearing was held regarding a motion to intervene in the ongoing case concerning the temporary restraining order (TRO) on the Shelby County farm sale. The court postponed any motions to a future hearing scheduled for November 13, 2024.

Rob Hanlon, who is a former Shelby State’s Attorney and now serves as Special Assistant State’s Attorney in Moultrie County, represented Kevin McKitrick, the intervener in this case. During the proceedings, Hanlon offered to represent the County Board and its Chairman without charge, highlighting that they have been without legal representation through three hearings.

The Shelby County State’s Attorney confirmed that the Attorney General could not provide counsel for either the board or the Chairman. Hanlon criticized the State's Attorney's attempt to find counsel for them, citing potential conflicts of interest as indicated in her own filings.

Judge Kibler intervened, asserting that appointing counsel falls under the Court's jurisdiction alone. "We agree 100%," Judge Kibler stated and assured he would handle appointing legal representation for both entities.

In addition, Judge Kibler plans to review a single bid received for the farm sale currently held by the Sheriff’s office. Concerns were raised by Chris Boehm's counsel over public knowledge of bid numbers; however, it was clarified that while bids remain sealed until released by judicial permission or county board consent, knowing how many bids exist does not breach procedure.

Speculation exists around whether delaying tactics are being employed until a new board is seated to potentially halt the farm sale altogether. However, should such an event occur after a qualified bidder has emerged, there may be grounds for legal action against Shelby County.

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