A Grundy County judge Wednesday refused to dismiss the Illinois Attorney General’s Office from a case over a barge fleeting proposal in the Illinois River and appoint a special attorney general. The lawyer for two property owners east of Seneca says Kwame Raoul’s office has a conflict. The attorney general is supposed to represent the people of Illinois and sue the people he’s siding with, according to Jack Foley. The judge has already agreed that a 1907 state law prohibiting the Illinois Dept. of Natural Resources from permitting the project is still on the books. The Attorney General’s Office contended that laws passed since effectively repealed it.
Judge Sheldon Sobol disagreed yesterday that he had a valid reason to dismiss and replace Raoul. Foley says he’ll talk to his clients about whether to appeal that ruling. He could also file a new version of the complaint that includes the Seneca Port District as a defendant. Meanwhile, with the court case still going, Illinois and Michigan Oil can’t start developing a barge fleeting area that could have up to 106 barges on the Illinois River. The next hearing is scheduled for March 15th.