/Federal judge rejects McHenry Township lawsuit on road district referendum

Federal judge rejects McHenry Township lawsuit on road district referendum

A federal judge has rejected a lawsuit trying to derail a referendum on the November ballot that gives voters the power to abolish the McHenry Township Road District.

U.S. District Court Judge Frederick Kapala released a written order Friday denying a request for a temporary restraining order to stop McHenry County Clerk Mary McClellan from including the referendum on the ballot.

Because the McHenry County Circuit Court had rejected the same lawsuit at the state level, the U.S. District Court for the Northern District of Illinois abstained from getting involved in the neighboring jurisdiction, according to the order.

“[The] court finds that state court proceedings did constitute an adequate opportunity to raise the due process and equal protection claims plaintiffs seek to advance before this court,” it reads.

The plaintiffs in the case – listed as McHenry Township residents Robert Beltran and Judith Gottlieb and Supervisor Craig Adams – allege that the referendum is unconstitutional and argue a cost study should be required to show the financial outcome before voters can choose.

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