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( xx ) Small Village, Went to a council...

Resolved • Response time 7 minutes

29 Apr 2013

( xx ) Small Village, Went to a council meeting to see about getting a one hour later close time for my bar, they voted no, it has came to my attention now that 3 of the trustees are voting no because they had been thrown out of this bar by the prevues owners, now holding this against me and giving me a no vote. The mayor don't care to open a box of worms, Can I file a grievance with someone over the mayors head ? also could I get the Media involved ? This vote is life or death for my business.

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29 Apr 2013

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Lawyer's response
29 Apr 2013
Ely
Ely
Counselor at Law
Hello friend. My name is XXX, XXX welcome to Pearl. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies. I am very sorry for your situation. Can I file a grievance with someone over the mayors head ? Not really, I am afraid. There is no 'grievance' panel for politicians. Ergo, one has basically two options: 1) Pursue a Writ of Mandamus in Court. Said writ is a writ meant "to command a public official to perform some ministerial nondiscretionary duty in which the party seeking such relief has established a clear right to have it performed and a corresponding duty on the part of the official to act." McClaughry v. Village of Antioch, 296 Ill. App. 3d 636, 695 N.E.2d 492, 498 (2nd Dist. 1998) (emphasis in original) (internal quotations omitted). In essence, it is a judicial review of the council's decision. The problem here is that the decision has to be non-discretionary in nature to be reviewed. For example, the council is denying someone a permit to build a house for no reason. Of course, there is a gray area. The threat of a mandamus action or a related action may be enough for them to reconsider. But, this should only be done via counsel. 2) Get the media involved, like you stated. Media pressure is an effective tool in politics. It is not defamation if it is true. This would not be defamation, arguably: Truth is a defense to a defamation action. (Emery v. Kimball Hill, Inc. (1983), 112 Ill. App.3d 109, 112, 445 N.E.2d 59; Altman v. Amoco Oil Co. (1980), 85 Ill. App.3d 104, 107, 406 N.E.2d 142.) To establish such a defense defendant need only demonstrate the truth of the "gist" or "sting" of the defamatory material. (Kilbane v. Sabonjian (1976), 38 Ill. App.3d 172, 175, 347 N.E.2d 757; Sivulich v. Howard Publications, Inc. (1984), 126 Ill. App.3d 129, 131, 466 N.E.2d 1218.) Thus, only "substantial truth" is required for this defense (Farnsworth v. Tribune Co. (1969), 43 Ill.2d 286, 293-94, 253 N.E.2d 408). An attorney is recommended for either or both actions. May I recommend the Illinois Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. Best of luck. Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize. Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three stars and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
29 Apr 2013
Customer reply
30 Apr 2013
Thank You Ely !!! great info...and yes I only want the truth even if its not what I want to hear....
30 Apr 2013
Customer reply
30 Apr 2013
sorry I thought I could reply the thank you and then do the review, sorry to take up your time on the reply, but now I know....scott
30 Apr 2013
Lawyer's response
30 Apr 2013
Ely
Ely
Scott, No worries at all - thank you for your kind words. Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer rating:
Ely
Ely
Counselor at Law
Avg. question only $36
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
30 Apr 2013
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