Newport Township Road District v. Pavelich

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (2d) 111317
Decision Date: 
November 19, 2012
District: 
2d Dist.
Division/County: 
Lake Co.
Justice: 
McLAREN
Holding: 
Affirmed.
(Court opinion corrected 11/29/12.) Plaintiffs filed action to compel Defendants to pass Road District's budget and to process Highway Commissioner's warrants for funds from budge to pay attorney's fees for this case and for case Township filed in 2009 against Commissioner. As parties' interests were aligned directly against each other in same litigation, a clear concurrent conflict existed, and Commissioner had authority to hire independent counsel. As Commissioner was sued in his official capacity, payment of attorney's fees would properly come from Road District funds, and court properly ordered Township Board to allocate Road District funds to pay Plaintiffs' legal fees for both suits. (SCHOSTOK and BIRKETT, concurring.)