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March 28, 2024

Avon Township Electors condemn real estate purchase –

By John Kraft & Kirk Allen

On February 23, 2020

Lake County, IL. (ECWd) –

On January 13, 2020, Avon Township Electors held a special meeting of the electors for the purpose of passing a Resolution to assert their control over certain real estate purchased by the Avon Township Supervisor without proper authorization from the electors. Read Supervisor Wilke’s message on this property (here).

In this approved Resolution the Electors demanded the improper purchase of the real estate be condemned, they disapproved and renounced its purchase, declared the purchase an invalid action by the supervisor, declared the public funds used to purchase a repair said real estate as an improper use of township funds, and issued an Order to Cease and Desist all activities to the improvement of said property including its purchase or sale.

WHEREAS, pursuant to Section 35-25 of the Code, 60 ILCS 1/35-25, the Electors of the Township may take any action authorized by Article 30 that could have been taken at an annual township meeting; and

WHEREAS, pursuant to Section 30-25 of the Code, 60 ILCS 1/30-25, the Electors may take all necessary measures and give directions for the exercise of their corporate powers, and

WHEREAS, pursuant to Section 30-50 of the Code, 60 ILCS 1/30-50, only the Electors of the Township may make all orders for the purchase, sale, conveyance, regulation, or use of the Township’s corporate property that may be deemed conducive to the interest of its inhabitants; and

WHEREAS, Supervisor Wilke authorized and executed the purchase of the real estate parcel as described below WITHOUT the approval of the Electors of the Township or the Town Board: Permanent Parcel Identifier: 0628115019 Legal Description: ROUND LAKE BEACH RENEHAN BEACH ADDN LOT 5 BLOCK 133
Commonly referred to as 320 Bellevue Drive, Round Lake Park, Il 60073; and

WHEREAS, the property at 320 Bellevue Drive is comprised of one residential building; and

WHEREAS, the property at 320 Bellevue Drive totals approximately 1025 square feet, zoned RES – Residential; and

WHEREAS, the Electors of Avon Township DEMAND the improper purchase of the property commonly referred to as 320 Bellevue Drive, Round Lake Park, IL 60073 be condemned;

NOW, THEREFORE, BE IT RESOLVED by the Electors of Avon Township duly assembled at the January 13, 2020 Township Meeting of Avon Township, Lake County, Illinois, as follows:

DISAPPROVAL OF ACTION.
The Electors of Avon Township disapprove of and renounce the purchase of the property commonly referred to as 320 Bellevue Drive, Round Lake Park, IL 60073.

DECLARATION OF IMPROPER AND INVALID ACTION.
The Supervisor’s action in executing the purchase of real estate is hereby declared improper and invalid by the Electors of Avon Township. At no time was the Supervisor or the Town Board granted the proper authority by the Electors of Avon Township to execute a purchase of real estate.

DECLARATION OF IMPROPER USE OF TOWNSHIP FUNDS
The Supervisor’s action in expending Township funds to execute an improper and invalid
contract is hereby declared improper.

CEASE AND DESIST.
The Supervisor and Town Board are hereby ORDERED to cease and desist all activities related
to the improvement of the property commonly known as 320 Bellevue Drive, Round Lake Park,
IL. Furthermore, the Supervisor and Town Board are ORDERED to cease and desist all activities
related to the purchase, sale or improvement of any other real property without the express
consent of the Electors of Avon Township.

INDEPENDENT COUNSEL
The Town Board is COMPELLED to seek independent counsel to address the invalid and
improper purchase of property and urged to seek any and all remedies as a matter of course.

Avon Township Elector Resolution

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