Algonquin Township, feature, James Kelly, McHenry County
Algonquin Township Road District -Response filed to Bob Miller's motion to dismiss
A recent filing by Rob Hanlon, the attorney for Algonquin Township Road District appears to have outlined a litany of facts that should be very problematic for Bob Miller.
Of particular interest is the Road District trying to recover the sick pay Miller recieved from the Road District. This particular matter is well documented and Miller's own affidavit confirms that payment from the road and bridge fund was erroneous.
How does one get away with keeping funds they swear under oath was erroneously paid from that fund?
While many will argue Miller is entitled to his sick pay, even though he failed to disclose any such liability on any of his required annual reports, his own affidavit and court filings should be taken seriously.
And while others want the legal battles to stop in Algonquin Township, many have rightfully argued that this action is exactly in line with the direction given by the State's Attorney as it relates to Miller's spending.
"We note too that the Township's or Road District's interest here can be readily vindicated in civil court by suing to recover any spending deemed inappropriate."
Considering Miller himself has declared in an affidavit and court filings that his receipt of over $47,000.00 from the Road District was erroneous, it appears Andrew Gasser is on track to recover at least some of the inappropriate funds taken by Miller.
If Miller believes he has a valid claim for sick days then he should take that matter up with the Township Board, the entity he claims owed it to him.
We urge everyone to read the 16-page filing along with the supporting exhibits. Doing so will broaden the understanding as to how our laws are applied, as well as inform the public of facts not making it in the local paper.
Facts such as these:
"Because Miller has acknowledged that the $47,384 payment was made to him in error, this Court should not dismiss this cause because his admission demonstrates that he has received Road District assets and retains them knowing that he should not have received them. Likewise the minutes of the Township Board do not show any approval of any expenses for the Road District as alleged in the Motion to Dismiss."
"Here, the Road District funds were to be used specifically for Road District purposes within Algonquin Township, but instead they were used to purchase personal items and give away its assets and even pay money to Robert Miller"
"Miller agrees that he was not supposed to be paid these funds from the Road District; and Miller retains those funds"
"As a basic maxim in the law a person cannot both acknowledge that he was not entitled to receive money and then contend it is just to keep that money."
You can view the filing below or download it at this link. Keep in mind the actual response to the motion is 16 pages. The file will reflect over 300 pages because of all the exhibits that are a part of the case.
Final response to Motion to Dismiss 2-619.1 12f (002)
Joe Welfing
Is this the real document or has opinions been inserted along the way? That's the way it reads.
Kirk Allen
The document is what was filed in the court.
Looks like we need Clarence Darrow to come back and take over
This is like a stupid movie. Judge says, "How do you plead?" "Guilty, your honor!" Judge bangs gavel while saying, "Ok. Then you're good to go. Dismissed! Next case!"