Moore v. The Grafton Township Board of Trustees

State: Illinois

Court: 2nd District Appellate

Docket No: 2-11-0499 Official Reports

Case Date: 08/08/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

Moore v. Grafton Township Board of Trustees, 2011 IL App (2d) 110499

Appellate Court Caption

LINDA I. MOORE, in Her Official Capacity as Grafton Township Supervisor, Plaintiff-Appellee, v. THE GRAFTON TOWNSHIP BOARD OF TRUSTEES; BETTY ZIRK, GERALD McMAHON, ROB LaPORTA, and BARBARA MURPHY, in Their Official Capacities as Members of the Grafton Township Board; KERI-LYN KRAFTHEFER, in Her Official Capacity as Acting Grafton Township Attorney; and GRAFTON TOWNSHIP, Defendants-Appellants.

District & No.

Second District Docket No. 2-11-0499 August 8, 2011 The order of the trial court directing the township board of trustees to confirm the township supervisor's appointment of a person to the position of township attorney was reversed, since the controlling statute provides that the supervisor may appoint a township attorney with the advice and consent of the township board, and under the political-question doctrine, the trial court should not have interfered with the township board's authority to consent to the supervisor's appointment, especially in the absence of any criteria for a court to review the propriety of the board's decision to refuse to confirm the appointment. Appeal from the Circuit Court of McHenry County, No. 10-CH-684; the Hon. Michael T. Caldwell, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment Counsel on Appeal

Reversed and remanded. Thomas G. DiCianni, Jeffrey R. Jurgens, and David L. Ader, all of Ancel, Glink, Diamond, Bush, DiCianni & Krafthefer, P.C., of Chicago, for appellants. John M. Nelson, of Rockford, for appellee.

Panel

JUSTICE HUDSON delivered the judgment of the court, with opinion. Justices McLaren and Schostok concurred in the judgment and opinion.

OPINION

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