advertisement

Judge dismisses Rob Sherman's lawsuit against Indian Trails

A Cook County judge has dismissed a lawsuit that sought to nullify the property tax increase for Indian Trails Public Library in Wheeling, narrowly approved by voters in April.Cook County Judge Mark Ballard dismissed the complaint July 29 because it failed to show a mistake or fraud was committed in the conduct of the election.The Illinois Election Code allows for election results to be overturned for circumstances that arise on Election Day, such as a polling place not printing enough ballots or not properly counting the votes.The lawsuit alleges it was illegal for the library to create and distribute material emphasizing that residents' tax bill would not grow with the tax increase because the library recently retired debt issued 15 years ago. Library officials maintain they did nothing wrong.The fight isn't over, said prominent Buffalo Grove activist Rob Sherman who filed the suit with four other residents, claiming library officials improperly used public funds to electioneer in favor of the tax rate increase. #8220;We have already filed a motion to reconsider,#8221; Sherman said.Sherman's attorney, Richard Means of Oak Park, said the election was corrupted when the library board hired an election consulting firm and began circulating material promoting the tax increase.#8220;There never has been an election overturned on those grounds in Illinois,#8221; Means said. #8220;We are asking for reconsideration because there are violations of the Illinois Constitution and of the federal Constitution with the spending of federal funds. The judge should rule on the constitutional grounds as well as on statutory grounds.#8221;The library board's attorney Roger Ritzman of Wheaton said the judge has heard this argument before.#8220;We don't believe Illinois law provides the remedy that they are seeking,#8221; Ritzman said. #8220;I think the judge considered their arguments and determined that they are not entitled to the relief they are seeking. There is really nothing new in their motion for reconsideration. It's the same argument they used in their previous pleading.#8221;Sherman's motion to reconsider will be heard at a future date, possibly on Aug. 18.Sherman filed a similar complaint with the Illinois State Board of Elections. The board at a June hearing determined there should be a hearing to further investigate the complaint, which the board said was filed on justifiable grounds.