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Harvey back in hot water after Supreme Court ruling

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Illinois

Harvey won’t be getting its hands on more than $1.4 million in tax revenues withheld by the state over pension funding failures any time soon, it appears.

On Thursday, the Illinois Supreme Court ordered that an earlier appellate court ruling in Harvey’s favor be vacated and sent the case back to the circuit court for a hearing, “at the earliest possible time.” […]

The comptroller’s office, which since February has garnished more than $1.4 million in city tax revenues at the request of the police pension fund, will continue intercepting those funds and holding them unless directed by the court to do otherwise, spokesman Abdon Pallasch said.

Because the comptroller’s office never had a chance to implement the appellate court order directing it to return the withheld funds to Harvey and refrain from garnishing any more, Thursday’s Supreme Court order will not change anything on their end, he said.

* Cook County Record…

In neither the Supreme Court’s order, nor in the First District court’s order, did any justice offer an explanation or basis for their court’s respective rulings.

However, after the appellate court issued its ruling, lawyers for the Harvey Police Pension Fund intervened in the case, petitioning the Illinois Supreme Court to step in and vacate the appellate court’s ruling. In its briefs filed with the state high court, the Harvey pension fund attorneys asserted the appellate court had overstepped its authority, saying they believed the appellate justices had issued a ruling which had no basis in law to order the comptroller to turn over the funds demanded by Harvey.

“The appellate court’s Order is stunning in its breadth and was entered without explanation because there is no explanation that supports the Order,” the pension fund’s attorneys wrote.

“…Summarily reversing the trial court, and then directing the court to grant all the final relief the City seeks, without explanation why such relief is warranted, or why the trial court abused its discretion in denying the City’s emergency motion in the first instance, is not only wrong it is fundamentally unfair.”

posted by Rich Miller
Friday, Apr 27, 18 @ 9:29 am

Comments

The Supremes did exactly as I would expect. Illinois governmental entities are not getting away with the pension theft so many have desired.

Comment by Anonymous Friday, Apr 27, 18 @ 10:58 am
This ultimately is going to need to be resolved at the state level. Harvey cant fix it’s financial problems and it’s ultimately going to need a bailout/bankruptcy/oversight solution. How bad must it become before something is done that actually reverses the problems in Harvey? Do we wait until literally everyone has left the town and then it can be bulldozed and started over?

Comment by Maximus Friday, Apr 27, 18 @ 12:52 pm
Strong argument by the police pension fund.

A ruling has to be reviewable, in order for the order to be reviewable, the appeals court has to offer some basis for the order.

Comment by Thomas Paine Friday, Apr 27, 18 @ 12:58 pm
Maximus, that is actually the cheapest and beat solution.

Comment by Ron Friday, Apr 27, 18 @ 12:58 pm
Harvey should be allowed to completely implode. Everyone leave. Nothing to tax, pensions wiped out.

Bulldoze. Maybe add it to Cook county Park land eventually.

Comment by Ron Friday, Apr 27, 18 @ 1:00 pm
Ron, Cook County is trying get rid of unincorporated territory, not add to it. See for some analysis: https://www.civicfed.org/civic-federation/publications/UnincorporatedCookCounty

The Feds should have been able to indict a lot of people by now, not just Harvey Park Dist. Commissioners, but they and U.S. Attorney’s Office want perfect cases to file.

Comment by revvedup Friday, Apr 27, 18 @ 3:14 pm
revvedup, the land could be incorporated into the cook county forest preserve.

Comment by Ron Friday, Apr 27, 18 @ 3:20 pm
After implosion, the land and buildings could be sold to pay part of the pension funds debts. You know … kind of like bankruptcy if it was legal for municipalities.

Comment by RNUG Friday, Apr 27, 18 @ 3:28 pm
The good people of Harvey deserve much better government. But they keep re-electing the same clowns and then we all wonder why things don’t change.

Harvey’s problems have been building for years, yet the county, state and fed’s watch and nothing happens. Why?

Comment by Anonymous Friday, Apr 27, 18 @ 3:30 pm
I’m on board with that, RNUG.

Comment by Ron Friday, Apr 27, 18 @ 4:31 pm