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June 29, 2022

Edgar County Motions To Dismiss RIDES-MTD’s Amended Complaint –

By John Kraft & Kirk Allen

On March 29, 2017

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

[gview file=”https://edgarcountywatchdogs.com/wp-content/uploads/2017/03/RIDES-v-EdgarCo-MotDism2.pdf”]

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