Seyller v. The County of Kane 

Illinois Appellate Court
Civil Court
Injunctions
Citation
Case Number: 
No. 2-10-1088
Decision Date: 
Tuesday, March 1, 2011
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
ZENOFF
Court properly granted preliminary injunction in favor of Defendants county, county board, and board members, in controversery over whether Circuit Clerk may use monies in "special funds" to pay personnel costs. County showed that it had a clearly ascertained right in need of protection, with no adequate remedy at law, and showed a likelihood of success on the merits. County raised a fair question about the Clerk's obligation to operate her office within budgetary appropriations, and a fair question that she is not paying enough of her office expenses out of the special funds. Plain language of statutes indicates that personnel costs, including compensation of data entry personnel, are properly paid from special funds, with Clerk having discretion as to allocation of funds to various tasks. (McLAREN and HUTCHINSON, concurring.)