McLean County Circuit Court Judge Mark Fellheimer held a virtual status hearing on Zoom on Wednesday in the cases filed by three Normal residents filing petitions to run for three offices that the town doesn’t believe it is required to have and doesn’t officially recognize. The candidates argue state law requires the offices while the town argues municipal code does not require the offices.
At the hearing the court consolidated the three cases filed by each candidate into one case with no objection. The court also determined there was no need for an injunction at this point after the petitioner’s attorney Tom Devore said he had no objection noting the injunction was no longer necessary since the respondents were present in court.
The Town of Normal revealed it plans to file a motion to dismiss. Jason Guisinger representing the Town of Normal argued, “Judge it’s the town’s position, both of the defendants position is, that all three of these matters can be disposed of pursuant to a 2-619-a9 motion to dismiss.” The defendants requested and with no objection the court allowed the defendants until the end of the day on Jan. 18 to file their motion.
Tom Devore will provide his response to the motion to dismiss for his clients on January 19th by the end of the day.
DeVore Taking Normal to Court, Complaint Filed, Restraining Order Requested
A hearing to hear the motion to dismiss and a motion for summary judgement (if necessary) will be held on Jan, 20 at 1:30 p.m. in court room 5D in McLean County.
Guisinger is with Klein, Thorpe and Jenkins. The company focuses on serving local governments and has a practice group in election law. Guisinger is a partner in the firm focusing on municipal law, school law, election law, land use and zoning, and public sector labor and employment law.
Michael Kasper was not available to participate in the zoom call and represent Normal. Brian Day, Normal Corporate Attorney, participated for Normal with Guisinger.
A 2-16-a9 motion is an argument, “that the claim asserted against defendant is barred by other affirmative matter avoiding the legal effect of or defeating the claim.”
