By John Kraft & Kirk Allen Thornton Township (ECWd) – We, Edgar County Watchdogs, Inc., filed a Freedom of Information Act lawsuit last year when Thornton Township and Supervisor Tiffany Henyard’s failed to respond to requests for public records. In the settlement, Thornton Township paid $5,500.00 for our attorney fees – if Henyard and the
By John Kraft & Kirk Allen
Thornton Township (ECWd) –
We, Edgar County Watchdogs, Inc., filed a Freedom of Information Act lawsuit last year when Thornton Township and Supervisor Tiffany Henyard’s failed to respond to requests for public records.
In the settlement, Thornton Township paid $5,500.00 for our attorney fees – if Henyard and the Township would have simply provided the requested records, it would have cost them and the taxpayers nothing.
Loevy & Loevy represented us in this suit, and we recieved the requested records as part of the settlement.
There are several more unanswered requests for public records which we are contemplating filing suit over.
For Henyard to continually tell the public she will “show the receipts,” her actions tell us otherwise.
Stan
Posted at 07:38h, 15 April Reply
Why does every settlement agreement say (paraphrasing) “this is not an admission of guilt or wrongdoing, or liability”. Absolutely they were guilty, and did wrong. Why would they settle otherwise? I think you should instruct your attorneys to not allow that language. By paying, they are automatically admitting liability.
Dave
Posted at 10:22h, 15 April Reply
Good work Dogs!
Michael Hagberg
Posted at 11:48h, 15 April Reply
But did you receive the FOIA documents requested?
Jack Tarleton
Posted at 16:19h, 15 April Reply
Stan: the language you cite it boilerplate in virtually ALL settlement agreements. No attorney is going to agree to remove it. It dates back forever and a day, and is part of the “gentlemanly” way in which the courts of yore expected lawyers to conduct themselves. “Well, old chap, we’re not admitting that we did anything wrong, but what would you say if we just paid you a bit for your trouble, and save the both of us a great deal of trouble ahead.” Of COURSE they did something wrong, or the wouldn’t agree to pay! But if you try to take that language out, you are not going to get anywhere, because it also gives the defendant some coverage in future lawsuits because they can say that they never admitted to doing anything wrong, so therefore you can’t really claim that they have done this sort of thing in the past, etc. Bottom line: they can say whatever they want as long as they turn over the records and pay the money. It saves everybody, including the judge (and therefore the people), a lot of time and money.
Daniel L Sleezer
Posted at 16:23h, 15 April Reply
She doesn’t care as it is not her money that pays off these bills, it’s the Townships/Tax Payers. If it was hers it might get her attention.