Supreme Court rules in favor of Carlinville and Alluvial water

Supreme Court rules in favor of Carlinville and

 

By ERIN SANSON
Enquirer-Democrat Reporter

The Illinois Supreme Court has ruled in favor of the city of Carlinville to pursue obtaining water from Illinois Alluvial Regional Water Company and against Wayne and Camille Brotze’s petition to appeal their case. The court declined the appeal that was rendered in March, 2021 where Justice Steigmann wrote, “The Brotzes do not point to any statute or ordinance that prohibits Carlinville from joining together with other municipalities and nonprofits, each of which has the power to do individually what they wish to do collectively, to create a company to build and maintain a water supply for its members. Because the Brotzes cannot do so, we conclude that the trial court should have granted Carlinville’s motion for summary judgment.”

Now the case will be sent back from the Supreme Court to the Appellate Court, and then back to the Circuit Court, where Judge April Troemper, has to vacate the decision she entered and has to according to Carlinville city attorney, Don Craven, “enter an order along the lines the appellate court laid it out pretty specifically what she needs to do.”
Craven says the process should happen fairly quickly, especially for how long this case has been going on, estimating 40-45 days to get through the court system. Craven said, “At that point Alluvial will be up and running, they’ll be a valid, recognized corporation and we can proceed.”

Craven then brought up a discussion he had with the attorney for the bank the city has used to get a bridge loan for the project. The loan is up for renewal at the end of October, and the city will have the paper work to extend the loan by the next city council meeting. “So we’ll have the paper work to extend that loan at the next meeting because it’s got to be done by the end of the month. At that point, Alluvial should be up and running and making decisions about putting some pipe in the ground.”

Alderman Randy Ober offered the following thoughts on the recent court decision, stating, “I’m going to take us all back a few years, when we went to Circuit Court with the Alluvial program.” He claimed that the city and company lost that case because “somebody didn’t do their homework.” Ober reminded the council that though they had been forewarned about potential problems, the council had to sit and listen to their beloved mayor, Deanna Demuzio, be called a liar, a liar to the community, and the people of Carlinville. Ober noted that after Carlinville won the appellate case, no one ever apologized to the council or any council members. Ober stated, “John Yowell came in and talked after the appellate case, of course nobody showed up from there. Not the Edgar County people, not the people from Carlinville, that became traitors to their town, came in here and apologized. And it upset me so bad and I know it upset him because Deanna was a very special person to all of us.” Ober cited Demuzio’s standing as a good mother, Illinois State Senator, and mayor saying he had, “a lot of respect for that woman.” He finished his statement to the council by saying, “I just wanted to make a statement stating that we all know that she did not lie. But we do know who the liars in this town are.”

Read the full story in the October 7th edition of the Macoupin County Enquirer~Democrat.