Publications

Lavite v. Dunstan

Illinois Appellate Court
Civil Court
Mandamus Relief
Citation
Case Number: 
2018 IL App (5th) 170114
Decision Date: 
Wednesday, January 2, 2019
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed in part and reversed in part.
Justice: 
CATES

Dispute over the amount of control and oversight the County Board has over County Veterans Assistance Commission (VAC) operations under Military Veterans Act. Plaintiff, as VAC superintendent, reviewed and approved his attorney's unredacted itemized invoice, and when he presented Warrant No. 16-4 demanding payment of invoice, there were sufficient funds in 2016 Administrative Fund to pay those expense, and thus Warrant should have been processed and paid shortly after it was submitted. Plaintiff established that he is entitled to a writ of mandamus, directing Defendants to pay remaining balance due, plus interest due, from unreserved fund account. Superintendent of VAC has authority for approval of itemized statements. Defendants failed to show that any policies prohibited them from paying any unredacted invoices. Plaintiff failed to establish a clear right to payment of Warrant No. 16-5; at presentment of invoice, fiscal year 2016 had closed, and VAC had exhausted its 2016 Administrative Fund. (GOLDENHERSH and CHAPMAN, concurring.)