4/28/99 Update 
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Citizen for Responsible and Appropriate 
Development in Lisle (Illinois)

4/28/99 Update from Attorney Tom Fezzey
I was in court yesterday, April 27, 1999 before Judge Darrah regarding the Binding Referendum litigation.

Basically, this is what happened:

I withdrew my motion for substitution of judge because you are not allowed to select the judge to whom your case is transferred.

The respondent's motion for substitution of attorneys was granted because there was no objection to it. Peregrine, Stime, et al is the firm that represents the village and they felt that there was a conflict since Ed is now on the board, so they withdrew from the case and substituted another attorney from a firm downtown.

The respondents' motions for dismissal were set for hearing on June 11, 1999, with a briefing schedule as follows: I have 14 days to respond to their motion, they get another 7 days to respond to my response and I get 7 more days to respond to that.

The respondents' motions to dismiss are based upon my supposed failure to name the proper parties to the action. I named "Municipal Officers Electoral Board of the Village of Lisle, Illinois" and sent copies of the motion by Certified Mail, Receipt Requested to Ron Ghilardi, Judy Yuill and Judy Lagro. They claim that because Ron and the two Judys were not named in the caption of the case that the case should be dismissed for lack of subject matter jurisdiction. They cite a case where a petitioner made no mention of the Electoral Board whatsoever in the caption and did not serve notice on the individual members and they think that that case applies to mine. We should be in and out rather quickly on June 11, 1999.

 

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