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August 12, 2022

Fox Run Restaurant Filed Suit Against Mayor Langfelder and City of Springfield –

By John Kraft & Kirk Allen

On August 6, 2020

SPRINGFIELD, IL. (ECWd) –

Fox Run Restaurant filed a lawsuit in Sangamon County Circuit Court today naming the City of Springfield and Mayor James Langfelder as defendants.

The Complaint is against the city’s “Emergency Ordinance(s)” and the Mayor’s statutory authority to extend Executive Orders past 7 days without the consent of the city council, as written in Section 7 of the Emergency Interim Executive Succession Act (also within the Illinois Emergency Management Agency Act), and past the first regular meeting of the city council as written in the Illinois Municipal Code, Section 11-1-6.

The key points in this suit are the failure of the Mayor and the City Council to properly declare an emergency, and to consent to that declaration, and to authorize the Mayor to enact Executive Orders.

Count 1 asks the Court to:

  • Declare the Emergency Ordinance enacted by the corporate authorities of Springfield contains an ultra vires provision allowing Langfelder to re-proclaim an emergency eve1y 30 days;
  • Declare the Emergency Ordinance void in total, or in the alternative declare the provision allowing Langfelder to re-proclaim a state of emergency eve1y 30 days void.
  • Declare any executive orders issued by Langfelder are void subsequent to the adjournment of the Corporate Authorities of Springfield’s public meeting of April 07, 2020.

Count 2 asks the Court to:

  • Declare the Declaration [or an Emergency] is void for failure to provide specific facts and findings to support any part of the definition of an emergency as required by the Emergency Ordinance and Illinois Law;
  • B. Declare any executive orders issued by Langfelder pursuant to any authority granted to him under the Declaration be deemed void ab initio.

Count 3 asks the Court to:

  • Declare any executive orders issued by Langfelder pursuant to any alleged authority granted to him under Section 11 of the Illinois Emergency Management Agency Act be deemed void ab initio.

Count 4 asks the Court to:

  • Find Fox Run a right to insist any Emergency Ordinance, in whole or in part, issued by the corporate authorities of Springfield be within their authority;
  • Find Fox Run a right to insist any Declaration issued by Langfelder be only as allowed by the Emergency Ordinance and Illinois Law;
  • Find Fox Run is being irreparably harmed while it is being subjected to threatened enforcement of Langfelder’s ultra vires executive orders;
  • Find Fox Run has no adequate remedy at law to protect itself beyond injunctive relief.
  • (Find Fox Run has succeeded in proving the Emergency Ordinance, in whole or in part, issued by the corporate authorities of Springfield contained provisions beyond their authority.
  • Find Fox Run has succeeded in proving Declaration issued by Langfelder violated the provisions of the Emergency Ordinance and Illinois Law by failing to provide any factual basis or findings supporting an emergency existed in the corporate limits of Springfield;
  • Find Fox Run has succeeded in proving Langfelder has no authority under Section 11 of the Illinois Emergency Management Agency Act to issue the executive orders attached herein;
  • Entering a permanent injunction banning the Langfelder, or anyone under his control, from enforcing any or all of his executive orders attached herein from this date forward;

Read the documents filed in the case by clicking the links below:

COMPLAINTMotion for Preliminary InjunctionMotion for Temporary Restraining Order Without Notice

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4 Comments
  • PK
    Posted at 07:49h, 07 August

    Has anyone else here an expectation for the capital city mayor to consciously adhere to municipal law after being subject to the poor example of adherence to state law by the Illinois Governor.? I have not and remain suspect of Pritzker’s poor example and recent threats onto “local leaders” as THE chief root to having caused this complaint.

  • jannie
    Posted at 08:50h, 07 August

    Ho Hum, got to keep these lawyers in business – my guess is the restaurant has friend or relative taking the case pro bono. I suppose if I got Covid-19 after being in the restaurant I could sue the restaurant. Guess that would give some more lawyersn business.

    • Aaron
      Posted at 11:04h, 07 August

      Any someone could sue you for giving covid to someone because you went to the restaurant. Works both ways

    • cool guy
      Posted at 19:01h, 09 August

      Why would you sue the eating establishment? In these times, if you are in that much fear of your health, you should be staying home. You staying home does not interfere with anyone else’s right to legal livelihood or go eat where they choose. The rest of us will weigh our risks and take our own chances, just like everyone does every day they go out their front door.

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