People v. Niekamp

State: Illinois

Court: 4th District Appellate

Docket No: 4-10-0796 Official Reports

Case Date: 09/19/2011

Preview:ILLINOIS OFFICIAL REPORTS
Appellate Court

People ex rel. Ballard v. Niekamp, 2011 IL App (4th) 100796

Appellate Court Caption

THE PEOPLE OF THE STATE OF ILLINOIS ex rel. KEVIN SEAN BALLARD, QUENTIN CHAMBERS, DONIA J. GARDNER, G. CURTIS GARDNER, MICHAEL K. SMITH, CYNTHIA J. HELMER, MELISSA E. HOLDEN, WILLIAM P. HOLDEN, RHONDA L. KLESNER, DENNIS G. KOCH, KAY E. MERRICK, CLAIRE SAFFORD, MICHAEL L. SCHUTTLER, and DENNIS C. WILLIAM, Plaintiffs, and CAROL W. NICHOLS, WILLIAM D. DANIELS, and GLENN M. BEMIS, Plaintiffs-Appellees, v. MELVIN (BUD) NIEKAMP, Defendant-Appellant.

District & No.

Fourth District Docket No. 4-10-0796 September 19, 2011 In a quo warranto action, the trial court properly entered a judgment ousting defendant from his position on a school board based on his violation of the Public Officer Prohibited Activities Act by also holding a position on the county board at the time he was sworn into his position on the school board, despite his arguments that the relators lacked standing to bring the quo warranto action and were guilty of laches, since two relators were sitting members of the school board, they had standing based on those positions, and defendant was not prejudiced by the relators' six-month delay in bringing the action.

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

Appeal from the Circuit Court of Adams County, No. 09-MR-85; the Hon. Diane M. Lagoski, Judge, presiding.

Judgment Counsel on Appeal

Affirmed. Jesse R. Gilsdorf (argued), of Mt. Sterling, for appellant. John T. Inghram IV and RaNae A. Dunham Inghram (argued), both of Inghram & Inghram, of Quincy, for appellees.

Panel

JUSTICE POPE delivered the judgment of the court, with opinion. Justices Turner and Steigmann concurred in the judgment and opinion.

OPINION

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