PARIS, IL. (ECWd) –
Edgar County has filed an answer, in the form of a Motion to Dismiss, to the amended complaint filed against them by RIDES Mass Transit District (“RIDES-MTD”).
This suit deals with the funds remaining after dissolution of the East Central Mass Transit District – something we brought up almost four years ago.
In the Motion to Dismiss, the county argues that:
- Failure to comply with the Code of Civil Procedure
- Plaintiff failed to allege the Treasurer made any promises, etc
- Edgar County’s Resolution is void ab initio because the county lacked statutory authority (Dillon’s Rule)
- In absence of statutory authority it would constitute an impermissible gift
- Lack of prior appropriation of the funds defeats any obligation to pay
- Sufficient facts not alleged for promissory estoppel
- Laches (too much time passed)
- Sufficient facts not alleged to support an enforceable contract