Southern Illinois News

In a recent post to activist website Illinois Leaks, site operators John Kraft and Kirk Allen discussed the decision of 7th Judicial Circuit Court Judge April Troemper to deny a motion to stay filed by the City of Carlinville in relation to an order for the city to cease working with Illinois Alluvial Regional Water Co.

Troemper had issued a decision that, “based on the city of Carlinville’s unauthorized actions, Illinois Alluvial was created in violation of the law and is a void corporation,” according to the Enquirer-Democrat. 

Troemper also concluded that the city’s argument regarding the financial issues created by declaring Illinois Alluvial void as a corporation, as well as the jeopardy alleged in regard to the safety of the city’s water supply, was “misplaced." Given that Carlinville was aware of the legal suit being pursued since February 2018, the implications of the city’s decision to continue are the responsibility of the city, Troemper stated.

“At the end of the day, no one forced the city of Carlinville to continue moving forward with its participation in and creation of Illinois Alluvial after being put on notice,” Troemper wrote in his decision. “Defendant voluntarily took that risk and gambled with how this court would ultimately rule.”

Troemper’s order denying the motion to stay her original ruling reaffirmed her view that the city holds full responsibility for its decision to proceed without a clear decision from the court in the case, according to quotes from her decision presented by Kraft and Allen on Illinois Leaks.

Additionally, Troemper is quoted by Kraft and Allen as stating that, “It would be improper and not just for this court to now declare Illinois Alluvial a valid corporation while this case is on appeal.”