EDWARDSVILLE - A legal dispute over an alleged shortfall in monies owed to a veterans' agency is continuing with county officials dismissing arguments that the plaintiffs should be granted summary judgment.
A hearing on motions was held Dec. 11 before Madison County Circuit Judge David Dugan in the action taken by the Veterans' Assistance Commission (VAC) and Superintendent Brad Lavite against Madison County, its clerk Debra Ming-Mendoza and her predecessor, Mark Von Nida.
Central to the plaintiffs' argument is that the county failed to levy the correct amount of tax for the years 2008 to 2016, which led to a more than $1 million shortfall that should have moved over to the veterans' agency.
Previously, the plaintiffs denied defense arguments that the suit was “frivolous” and without “basis in fact or law.” They then asked the court to grant summary judgment in their favor.
The defendants, in reply to this motion, said the VAC and Lavite do not come close to reaching the high bar needed for a court to hand down such a judgment, which can only be granted where there is no dispute, or even issue, with the "material facts."
The plaintiffs argued that there was a breach of agreement but they have failed to provide any evidence of actual written agreement, according to the defendants. The reason for this is because none exists, it is further argued.
The plaintiffs have "failed to identify the specific terms of the claimed contract … or the factual circumstances surrounding the formation of their supposed agreement with defendants," the defendants argue.
In its affirmative defense to the action, the county and clerks argue that the plaintiffs lack standing to pursue any claim and that they have presented no evidence of ever disputing the levy over the years at issue.
According to the complaint, the VAC advised each what it believed should be passed on as a percentage of the tax levy. The plaintiffs further argue that the actual amount that should have been passed on was not properly calculated by the defendants.
The defendants are represented by attorneys Philip J. Lading and John L. Gilbert of Sandberg Phoenix & von Gontard in Edwardsville.
The plaintiffs are represented by attorney Thomas Burkart of Burkart Law Office in Hamel.
Madison County Circuit Court case number 2019-L-1731.