Appellate/Brotze lawsuit argument date set for Feb. 9

Appellate/Brotze lawsuit argument date set for Feb. 9

Carlinville mayor Sarah Oswald (left) presented a proclamation to Jerry Loveless (right) at the Carlinville city council meeting Feb. 1. Jerry accepted the proclamation in honor of his brother, Wesley Loveless, a well-known local volunteer, firefighter, custodian and United States’ Army Corporal that passed away Jan. 23 at the age of 79. Enquirer~Democrat photo by Jackson Wilson.

Carlinville city council pays tribute to Wes Loveless


Enquirer Democrat Reporter

City attorney Dan O’Brien came to the Feb. 1 Carlinville council meeting with an update on the Appellate/Brotze lawsuit.

O’Brien said that an appellate argument date had been set for Feb. 9.

The ongoing lawsuit against the city of Carlinville was originally brought forth by Camille Mayfield Cooper Brotze and Wayne Brotze in the spring of 2018, as a response the city entering into an agreement with the city of Dorchester and Jersey County Rural Water to form the Illinois Alluvial Regional Water Company.

Judge April Troemper ruled against the city, believing Carlinville had not provided enough evidence of the constitutionality and case law precedent of a city joining with a private water company. Instead of making a final decision, Troemper requested that attorneys presented an order outlining the facts used to settle on a decision if they were in her position.

“For those of you that are unfamiliar with the appellate courts, they are there to fix things that happen within the lower courts,” O’Brien said as he addressed the council. “If the appellate court finds that there’s a problem with this case, which we believe there is, they will fix it in a very working manner.”

O’Brien said that there had been a lot of paperwork filed including the briefs from both sides that had already been replied to by the opposition.

A record has additionally been produced in regards to all of the actions that occured in the lower courts since this case was first initiated.

“I would hope a decision on this case will be made fairly quickly but it may be a couple of months,” said O’Brien. “We believe this is a great day because we are getting close to getting a resolution of this part of the case.”

Proclamation for Wesley Loveless

Carlinville mayor Sarah Oswald read and presented a proclamation to Jerry Loveless in honor of his fallen brother – local volunteer, firefighter, school custodian and war veteran Wesley “Wes” Loveless.

Read the rest of the article in this week’s Macoupin County Enquirer~Democrat Newspaper. 2-4-21