Johnsburg trustees vote to continue litigation but reject petition to recover attorneys’ fees

Johnsburg trustees voted to continue the village’s litigation against parties who previously filed complaints, but they rejected a separate motion to authorize the filing of a petition seeking the village’s attorneys’ fees.

The trustees considered two linked items: (1) initiation and ratification of counterclaims and third‑party complaints in litigation involving the village of Johnsburg and (2) authorization to file a petition to recover attorneys’ fees connected to four complaints that the court dismissed. A trustee asked that the board split the original omnibus motion into separate votes so members could address litigation strategy and fee recovery independently. “I want to break it out into actually, I wanna vote on 3 things,” the committee member said, arguing for separate votes on dismissal/counterclaims and on fees.

Staff explained the fees motion. “This is to authorize the filing of a petition for attorney fees to recover our fees in connection with the dismissal of the ACT Club’s complaints against the village,” the staff member said, describing the petition as seeking recovery of fees tied to four dismissed complaints.

After the board withdrew the initial omnibus motion, trustees took a roll-call vote on whether to proceed with the litigation and to initiate and ratify counterclaims and third‑party complaints. The roll call recorded yes votes from Trustee Morris, Trustee Paul and Trustee Lexford and no votes from two other trustees; the chair announced the motion carried with three yes votes, allowing the litigation to proceed.

The trustees then voted on the separate motion to authorize filing a petition for attorneys’ fees. During roll call, the vote recorded one yes vote and multiple nos; the chair announced the petition did not pass. The transcript records trustees verbally opposing the fees petition; no monetary amount or specific fee calculation was provided during the meeting.

With main business concluded, a trustee moved to adjourn. The motion passed in roll call and the meeting closed; participants indicated they would continue some discussion informally before convening a committee‑of‑the‑whole meeting.

The trustees’ recorded actions leave the litigation intact while denying authorization to pursue a fees petition at this meeting. The village’s next procedural steps were not specified in the recorded discussion.