Moore v. The Grafton Township Board of Trustees
955 N.E.2d 1222
Ill. App. Ct.2011Background
- Moore, as Grafton Township supervisor, sought to appoint a township attorney after terminating the prior firm; the Board voted 4–1 to refuse Nelson’s appointment, Moore voting for it; Moore sought an injunction to force the Board to confirm Nelson; the trial court granted the injunction directing the Board to vote to confirm at the next meeting; the controlling statute requires the supervisor appoint with the Board’s advice and consent; the court reversed for separation-of-powers reasons and lack of judicial criteria to review the Board’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the injunction to compel Board confirmation proper? | Moore's appointment should be confirmed; Board’s refusal lacking criteria is reviewable. | Board has discretion; statute establishes consent, no judicial standard for review. | No; injunction improper; Board’s discretion protected. |
| Does 60 ILCS 1/70-37 limit court review and implicate the political-question doctrine? | Statute sets appointment process; court can review improper interference. | Board’s consent is a political process with no judicial standards for review. | Yes, political-question doctrine applies; no judicial criteria to review Board’s decision. |
| Did the trial court err in using equity to override legislative prerogatives? | Yes; equity cannot override Board’s statutory role. |
Key Cases Cited
- La Salle Nat'l Trust, N.A. v. Village of Mettawa, 249 Ill. App. 3d 550 (1993) (statutory interpretation and local-government powers)
- Rosenzweig v. Illinois State Bd. of Elections, 409 Ill. App. 3d 176 (2011) (statutory interpretation and separation of powers)
- Cinkus v. Village of Stickney Municipal Officers Electoral Bd., 228 Ill. 2d 200 (2008) (plain-language control and board consent)
- Snyder v. Curran Township, 167 Ill. 2d 466 (1995) (board consent not rendered moot by improper action)
- Murphy v. Collins, 20 Ill. App. 3d 181 (1974) (political-question doctrine principle)
- Baker v. Carr, 369 U.S. 186 (1962) (political-question doctrine foundation)
- Committee for Educational Rights v. Edgar, 174 Ill. 2d 1 (1996) (limits on judicial review when no judicial standards exist)
- Woodridge v. Bd. of Educ. of Dist. 99, 403 Ill. App. 3d 559 (2010) (review possible where statute provides clear criteria)
- Village of Dolton School Dist. 149 v. Miller, 349 Ill. App. 3d 806 (2004) (separation of powers in local government)
- Colville v. City of Rochelle, 130 Ill. App. 2d 541 (1970) (local-government prerogatives protected)