Campton's Citizens getting their wishes granted!!!!!

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I'm so excited.  I just saw the news from today's Kane County Chronicle. It really couldn't be better news.  The courts applied the law that the parties had presented to judge.  This is huge because the disconnects can now vote.  This is awesome.  The citizens get their disconnect, but while Patsy, et al. determine whether or not they are going to appeal the disconnect rulings, they still are afforded the same rights as all of Campton's voters.  To allow otherwise, would mean that the disconnects would be preculded from voting, but the Government of Campton could file an appeal after the election results.  This is a huge example of the courts ruling by interpreting the law and facts and not creating the law.  Specifically, the Chronicle reported the following:

Campton Hills residents living in five subdivisions that are no longer part of the village likely will be allowed to vote on the question of whether the village should even exist.

Kane County Circuit Court Judge Michael Colwell Thursday denied a request from village officials to reconsider a decision he issued earlier this week in which he ruled that the residents of the five disconnected subdivisions can vote on whether to dissolve the village.

Colwell had ruled that his court lacked the jurisdiction under state law to decide the matter.

In the rehearing, village attorneys presented case law they said gave Colwell has jurisdiction. They said Colwell's ruling was incorrect Tuesday.

Colwell conceded that the village's legal reasoning was correct. But he said the law gives him discretion as to whether he should intervene. He rejected the village's motion, saying to grant it would invite "chaos."

He said thousands of Kane County residents have already taken advantage of the early voting period to cast ballots.

So, he said, to strip residents of the right to vote to the village dissolution question at this point would only open doors for the village or those seeking to dissolve Campton Hills' village government to challenge the results through litigation.

"I don't think this court should be party to chaos," Colwell said. "You [the village] are asking this court to create chaos for political purposes."

Since the village was created by referendum in 2007, it has been beset by controversy, as more than two dozen areas have asked the courts to allow them to disconnect from the village.

In March, Colwell ruled to allow five subdivisions - Campton Farms, Prairie Lakes, Cheval de Selle, Hidden Oaks and the Moraines of Campton - to disconnect. The village appealed, but last week the Illinois Second District Appellate Court in Elgin upheld Colwell's ruling.

In turn, that ruling prompted the question of whether those residents still retained the right to vote on Nov. 4 to decide whether the village should be dissolved.

Following Thursday's ruling, Village President Patsy Smith said the judge had overstated the impact a ruling in favor of the village's position would have brought to the election.

She said the village had been assured by representatives of the Kane County Clerk's office that "it is only a matter of deciding which ballot people get" - one with the dissolution question or one without.

"It's really not that big of a deal," Smith said. "It wouldn't be ‘chaos.'"

Tim Elliott, an attorney representing two of the disconnected subdivisions, praised the decision.

"These people have borne the burdens of residency (in the village) for the last six months while this was being litigated," Elliott said. "But there is also a benefit to residency, and that is the right to vote."

Village attorney Jenifer Caracciolo and Smith said the village has yet to decide if it will pursue further legal action.

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Randall Schrader
Competitive Insurance of Dundee - Dundee, FL

Wow, not letting people vote on their own fate in a democracy.  Tricky stuff!

Oct 24, 2008 08:11 AM #1
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Larry Bettag

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