ZILLER v. Rossi

916 N.E.2d 110, 334 Ill. Dec. 77, 395 Ill. App. 3d 130
CourtAppellate Court of Illinois
DecidedSeptember 18, 2009
Docket2—09—0511, 2—09—0592 cons.
StatusPublished
Cited by4 cases

This text of 916 N.E.2d 110 (ZILLER v. Rossi) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ZILLER v. Rossi, 916 N.E.2d 110, 334 Ill. Dec. 77, 395 Ill. App. 3d 130 (Ill. Ct. App. 2009).

Opinion

JUSTICE JORGENSEN

delivered the opinion of the court:

In these interlocutory appeals filed pursuant to Illinois Supreme Court Rule 307(a)(1) (eff. March 20, 2009), defendants, Grafton Township Supervisor John Rossi and Grafton Township trustees Lois Brothers, Rob LaPorta, Barbara Murphy, and Betty Zirk, appeal the trial court’s orders granting preliminary injunctions as requested by plaintiffs, Daniel G. Ziller, Jr., Richard E Lueth, Tamara L. Lueth, Thomas

Halat, and Frank Kearns. The preliminary injunctions pertained to the township’s construction of a new town hall. For the following reasons, we affirm.

I. BACKGROUND

A. Appeal No. 2 — 09—0511 (First Injunction)

On February 26, 2009, plaintiffs filed a “complaint for injunction” and an emergency motion (without notice) for a temporary restraining order against defendants. The complaint alleged that plaintiffs are electors, 1 residents, and taxpayers of Grafton Township. They further alleged that, on February 21, 2009, a public notice was published in the local paper announcing a February 26, 2009, special meeting of the Grafton Township Board of Trustees (the board) “for the purpose of approving bids.” According to plaintiffs, the bids related to the construction of a township office building (town hall) on Haligus Road in the Village of Lake in the Hills at a cost of approximately $3.5 million. Plaintiffs alleged that the electors of Grafton Township never authorized the board to enter into contracts for the construction of a town hall, nor did they authorize the submission of the bond issue to referendum. Plaintiffs alleged that they possessed a legal right to have their elected officials follow the law regarding township government and that they would suffer immediate and irreparable harm if the board’s special meeting were not enjoined. In the emergency motion for a restraining order, plaintiffs specified that they would be irreparably harmed because, if the board approved bids for constructing the town hall, third parties would obtain contractual rights against the township. Plaintiffs also asserted that they were likely to succeed on the merits of their complaint and that they had no adequate remedy at law. Plaintiffs requested that the court enter an emergency order prohibiting defendants from approving bids relating to the construction of a town hall or from otherwise pursuing the construction of a town hall.

Plaintiffs attached to their complaint the: (1) agenda from the April 10, 2007, annual township meeting; (2) minutes from the 2007 township meeting; (3) agenda from the April 8, 2008, annual township meeting; and (4) minutes from the 2008 township meeting. The minutes from the 2007 meeting reflected that, in new business, “Moderator Kelly called for a motion to grant authority to the [board] to purchase real estate property for the purpose of constructing a new Township site.” According to the minutes, the voice vote reflected “all ayes” and the motion passed. The minutes from the 2008 meeting reflect that the 2007 meeting minutes were adopted.

The trial court denied the emergency motion for a temporary restraining order. On April 16, 2009, plaintiffs filed another emergency motion (with notice) for a temporary restraining order against defendants. Moreover, plaintiffs amended their complaint. The amended complaint included assertions that, at the April 14, 2009, annual township meeting, the following question was presented to the electors for a vote: “Should Grafton Township construct an office building on real estate purchased by the Township on Haligus Road in Lake of the Hills, Illinois?” The vote totaled 70 electors in favor, 70 opposed; thus, the construction was not approved.

The motion for a temporary restraining order alleged that a board meeting would be held that evening, April 16, 2009, and that the agenda for the meeting reflected as item “IV” “Township Construction Contracts.” Plaintiffs alleged that the board intended to award construction contracts for the construction of the town hall. Plaintiffs alleged that the township electors never approved the construction of a town hall. Moreover, plaintiffs asserted that, on February 27, 2009, pursuant to statute, the electors filed with the Grafton Township clerk a petition requiring that the question presented in the petition (i.e., the construction of a town hall) be presented to the Grafton Township voters in the November 2, 2010, election. Again, plaintiffs alleged irreparable harm and no adequate remedy at law and requested an order prohibiting defendants from approving bids relating to the construction of a town hall or otherwise pursuing the construction of a town hall. On April 16, 2009, after hearing argument, the court entered the temporary restraining order.

On April 27, 2009, defendants filed a “response to motion for temporary restraining order,” arguing: (1) that the trial court lacked jurisdiction to enjoin legislative action; (2) that the doctrine of laches applied; and (3) that plaintiffs failed to meet the requirements necessary to obtain an injunction because the township possesses statutory authority to construct town halls. The response attached the minutes from the July 17, 2008, board meeting, in which the board adopted “Township Debt Service Ordinance #071708 — 01” with no discussion.

Also on April 27, 2009, the trial court held a hearing where the parties presented evidence, including the documents attached to their respective pleadings, the agenda for the 2008 board meeting, Ordinance #071708 — 01 (a 38-page document), and testimony. Specifically, defendants presented the testimony of Dina Frigo, the township’s clerk. Frigo was present at the 2007 township meeting and recalled that the motion unanimously passed to grant authority to the board to purchase real estate property for the purpose of constructing a new township site. Nevertheless, she agreed that there were 11 people present at that meeting and that the agenda did not in any manner reflect that there would be discussion regarding the purchase or construction of a town hall. Frigo also testified that she was present at the 2008 board meeting, for which there was published a public notice. She agreed, however, that, although the purpose of an agenda is to advise the general public as to what will transpire at the board meeting, the 2008 board meeting agenda did not reference the purchase or construction of a town hall or other building. Finally, Frigo testified that, on April 14, 2009, there were 70 votes in favor and 70 votes opposed (with some electors choosing not to vote) to the construction of the town hall. Frigo was asked if she recalled any other board or township meeting where a vote was taken specifically to approve the construction of a new town hall. Frigo mentioned the 2007 township meeting, but conceded that the 2007 vote concerned the purchase of real estate and not the construction of a town hall.

Defendants next presented John Rossi, the township’s supervisor. Rossi testified that, after the 2008 board meeting, the township incurred $288,000 to $300,000 in expenses with respect to the construction of the town hall. Those costs included the purchase of the property, an architect’s fees, a project manager’s fees, property management costs, surveying costs, and legal fees.

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Bluebook (online)
916 N.E.2d 110, 334 Ill. Dec. 77, 395 Ill. App. 3d 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ziller-v-rossi-illappct-2009.