Court Decision Allows TUA Suit Against Riverside-Brookfield Dist 208 To Proceed
CHICAGO–A decision on Friday, March 2, by Judge Leroy K. Martin Jr. of the Cook County Circuit Court, Chancery Division, allowed the lawsuit of plaintiffs Anthony Peraica, former Cook County Commissioner and concerned taxpayer in Riverside-Brookfield, and Taxpayers United of America, (“TUA”) one of the largest taxpayer organizations in America, to proceed in amended form against Riverside-Brookfield School Dist. 208.
The suit challenged the electioneering activities used by Riverside-Brookfield School District 208 school board in its unsuccessful attempt to have the voters approve a property tax increase referendum on April 5, 2011. Attorney Andrew B. Spiegel is representing the plaintiffs in this case.
Dist. 208 attorneys had asked the judge to dismiss the lawsuit with prejudice, which if granted, would have left an appeal as the only avenue for the plaintiffs.
After hearing oral arguments, Judge Martin retired to his chambers to study the matter, after which he denied the school board’s motion to dismiss with prejudice. Part of the plaintiff’s motion was denied, and part was allowed to proceed in amended form.
The judge expressed his concern regarding the gravity of the alleged electioneering activities of the school board, and gave the plaintiffs until March 30 to file an amended complaint.
The next hearing of the lawsuit is scheduled for April 5.
“Judge Martin did a very thorough and impartial job,” said Christina Tobin, TUA Vice President. “In my opinion, the actions of School Board 208 were so egregious that justice is sure to prevail in this case.”