Brotze’s petition Supreme Court to appeal Alluvial Appellate
Camille and Wayne Brotze are appealing to the Supreme Court to appeal the judgment of the Illinois Appellate Court for District No. 4 in the Brotze v. City of Carlinville case, which was originally ruled in the city’s favor after a three-year time period.
In its desire to reverse the trial judge and uphold the City of Carlinville’s decision to join with other non-home rule municipalities and a private company to create a new private business, Illinois Alluvial Regional Water Company, Inc. (“Alluvial”), to sell potable water in West Central Illinois, the appellate court issued a ruling that greatly enhanced the powers of non-home rule municipalities at the expense of public transparency and accountability, according to the petition.
The petition reads, “The appellate court’s opinion creates a false equivalency with its prior precedent which goes far beyond the intent of the framers of the 1970 Illinois Constitution.”
The petition illustrated that the appellate court’s decision conflicted with its own prior precedent in Connelly v. County of Clark (1973), a case holding that that county could not engage in business of selling gravel to other municipalities on an isolated basis without an agreement in place.
“Connelly stands for the proposition that just because a county has the right to create a gravel pit to fix its own roads, that does not mean it can go into the business of selling gravel to others when there is no intergovernmental agreement in place. Common sense dictates that non-home rule municipalities should not have the unfettered ability to start and operate private businesses to provide public services. Allowing a non-home rule municipality to do so circumvents the intent of the Illinois Constitution in differentiating…..
Read the full story in this week’s Macoupin County Enquirer Democrat Newspaper. 4-15-2021.