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May 21, 2022

Appellate Court greenlights use of public funds to create private businesses –

By John Kraft & Kirk Allen

On March 3, 2021

Carlinville, IL. (ECWd) –

Yesterday afternoon, the Fourth District Appellate Court issued its decision to overturn the Circuit Court in the Brotze v Carlinville lawsuit, where Carlinville’s decision to start a private company, with another private company and another public body, in order to contract with this new company for water, was challenged in Court.

We will dissect this opinion in a later article.

Brotze v Carlinville Appellate decision 4200369

 

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3 Comments
  • Dave
    Posted at 13:38h, 03 March

    Where I come from that’s called communism

  • PK
    Posted at 19:51h, 03 March

    Good grief. In reference to Ill. Const. 1970, art. VII, § 10(a), Justice Steigmann moves the reader for interpretive agreement by illustrating:

    [For example, imagine a family visiting a public lake for recreation. Upon entering, a sign states in bold lettering, “Visitors to the lake may boat, fish, swim, and otherwise enjoy the lake in any manner not prohibited by park rules.”]

    For certain, there are regulations (laws) that govern public use of a public waterbodies for which would not be written on such a park entrance sign. I, for one, cannot imagine a single family visiting a public lake to boat, fish, swim and otherwise enjoy the lake in ANY manner prohibited by state law, or site-specific park rules.

    In the context of this appeal, instead of three, the sign would have to state (in bold lettering) FOUR recreational opportunities for the “family” to consider and “otherwise enjoy.” Boat, fish, swim, AND scuba, I posit for example.

  • kathiann
    Posted at 13:15h, 04 March

    It looks to me like forming a private company with other entities is the issue here and does not fall in line with the reading of the statute. They can contract and associate, but is it legal for them to form a private company? Which may make them exempt from OMA? I don’t think so. It should all be transparent because of the use of public funds. The suspicions aroused by forming a private company to possibly avoid OMA may be exactly spot on. I see our governments increasingly wishing to hide their actions from the public.

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