Legal Question in Administrative Law in Illinois

Denied a petition to protest bonds

To whom it may concern,

Facts....City council wants to build a waste water treatment plant on the border of a municipality. People on the other side of the proposed plant do not want it...NIMBY.

City does not have money to build plant they want to issue bonds....Il Statute states petitioners have 30 days to get petitions signed in order to send bond issue to a city wide vote.

Person on other side of proposed plant went to city hall to get a petition....person was denied a petition because elected official told person ''it's a lost cause, bonds have already been issued.'' Person did not get copy of petition to have signed by registered voters of the municipality.

Is there a cause of action...can person get an injuction for the proposed plant going forward?

Can person sue or have criminal charges brought upon elected official who denied issuing the petition to have signed by registered voters of municipality?

Thanks in advance for your reply.


Asked on 11/09/01, 6:55 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Denied a petition to protest bonds

You raise interesting issues in a rather complicated and unusual factual scenario. Some questions: When you say "the other side" of the proposed treatment plant, do you mean that you are located in a different municipality? What is the citation to the statute to which you refer that provides for "30 days to get petitions signed to send the bond issue to a city-wide vote"? It is essential to measure your rights only after careful review of the statute. Without more information, I cannot provide you with any helpful advice.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

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Answered on 11/14/01, 10:50 am


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