A Cook County judge has dismissed a Buffalo Grove resident’s lawsuit seeking to void ’s April referendum results.
while distributing information about its April 5 referendum. , paving the way for the library to .
Cook County Circuit Court Judge Mark Ballard upheld the library's motion to dismiss in a July 29 order stating that Sherman’s suit did not prove errors were made in referendum vote tallies or “other specified irregularities in the conduct of the election.”
Sherman wrote on his website, which he uses to provide updates about his various civil rights pursuits, that the judge’s order does not address the “constitutional violations” he alleged in the suit.
“My attorney will file a motion to reconsider, in which we will ask Judge Ballard to address, for the first time, the constitutional questions that he ignored in (the) ruling. If Judge Ballard continues to refuse to address our questions regarding constitutionality, we'll ask the Illinois Appellate Court to compel him to address our questions on whether or not government must only use constitutional means to achieve its goals,” Sherman wrote.
Citing the threat of ongoing litigation and unresolved matters with the Illinois State Board of Elections, library spokesman Earl Sabes deferred comment on the lawsuit to Indian Trails' attorney.
"The case is still pending," attorney Roger Ritzman said. "I believe the library district's actions are consistent with the law." Ritzman said he expects a hearing on Sherman's motion to reconsider to be held in the next two weeks.
The lawsuit, which Sherman filed with four other residents, including his wife, Celeste, followed . The board . Sherman responded with an amended complaint, which is pending review by the State Board.
A State Board of Elections spokeswoman was not certain this week whether the new complaints will be reviewed during the board's Aug. 16 meeting. Board members will determine whether the complaints warrant a public hearing.