Court to Hear Oral Arguments in Suit Against Riverside-Brookfield Dist 208

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CHICAGO–A hearing is scheduled for Tuesday, July 17, 2012 at 10:45 am in Room 2008 of the Daley Center. Judge Leroy K. Martin, Jr. will hear arguments on Riverside Brookfield School Dist 208’s motion to dismiss the complaint of illegal electioneering levied against them by Taxpayers United of America (TUA) and former Cook County Commissioner, Anthony Peraica.
“We are confident that Judge Martin will again rule in our favor. This is the district’s second attempt to have this case dismissed, but fortunately, illegal electioneering is still illegal,” stated TUA president, Jim Tobin.
In his March 2 ruling on the first motion to dismiss, the judge expressed his concern regarding the gravity of the alleged electioneering activities of the school board and allowed for an amended complaint to be filed.
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.

Illegal Electioneering Is Not OK!

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CHICAGO—Jim Tobin, president of Taxpayers United of America (TUA) announced today that representatives of the taxpayer organization are going to canvas in the communities of the Riverside-Brookfield Government School District 208, to raise awareness about the organization’s lawsuit regarding illegal electioneering by the school district in 2011.
“When we challenged the electioneering activities used by the Riverside-Brookfield Government School District, we knew it wouldn’t be easy,” said Tobin. “But the actions of the school board were so blatant, we had no choice.”
Those sentiments were echoed by co-plaintiff Anthony Peraica, former Cook County Board member, and concerned taxpayer in Riverside-Brookfield.
“Teachers, janitors – all the other unions conspired with the school leadership last year to use taxpayer funds illegally to raise property taxes,” said Peraica. “And unless someone stands up to them, they’re going to get away with it like they have for decades.”
The suit charges that the government school district used taxpayer funded resources, school equipment on school grounds and inside the school building, to promote the referendum, as well as recruiting students as “volunteers” to distribute pro-referendum material. Finally, the suit charges that public resources were used to fund a pro-referendum mailing and TV campaign ad, and used phrasing on the ballot to intentionally mislead voters with a significant understatement of the actual financial impact of the referendum.
Judge Leroy K. Martin Jr. expressed his concern regarding the gravity of the alleged misuse of public funds for electioneering activities of the school board, especially the possible violation of the civil rights of those opposing the referendum.
District 208 lawyers made a motion to dismiss the lawsuit with prejudice, but Judge Martin denied the motion, allowing the suit to proceed in amended form. The hearing on the amended complaint will be held on April 5, 2012 before Judge Martin, in Cook County Circuit Court, one year to the day after voters struck down the bid to raise property taxes.

Court Decision Allows TUA Suit Against Riverside-Brookfield Dist 208 To Proceed

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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.”