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Nameoki Township granted summary judgment in residents' suit claiming they were banned from premises

MADISON - ST. CLAIR RECORD

Monday, November 25, 2024

Nameoki Township granted summary judgment in residents' suit claiming they were banned from premises

State Court
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Nameoki Township | Nameoki Township

EDWARDSVILLE - Nameoki Township didn’t ban former township clerk Nick Cohan and wife Sheilby Cohan from public offices as they alleged, Madison County associate judge Ron Motil ruled on Oct. 8.

Motil granted summary judgment to Nameoki, finding no one told the Cohans they were barred and no one prevented them from entering.

Nick Cohan recorded the event in question and Motil found it proved Nameoki’s case.

Motil heard Nick and Sheilby asking employee Carla Carroll for help with their property tax exemption and he heard Carroll saying they could come back tomorrow.

He heard Nick say, “I’m not going to spend any more gas money to come out here.”  

Thomas Maag of Wood River filed suit for Nick and Sheilby in March 2023, claiming Carroll advised them they weren’t allowed at the office even to do government business.

He claimed the directive was due to Carroll’s dislike of legitimate criticism.

He claimed the township chilled free speech.

He asked the court to enjoin Nameoki from blocking access.

Matthew Champlin and John Hanson of Hepler Broom in Edwardsville moved for summary judgment in May 2023, claiming the Cohans had a right of access.

Motil denied the motion as premature last December.

Hanson deposed Nick and Sheilby in February.

Nick testified he was a firearms dealer and his father was tax assessor.

He said township trustees appointed him as clerk about three years ago.

 He said he ran for clerk and Jamie Vincent won.

“She voted to appoint me clerk before she ran," he said.

He said he and Sheilby went to the township office for help with their property tax exemption.

He said Carroll told them to come back tomorrow and John could explain everything.

He said she told them he tries to bribe them when he gives them gift cards. He said he did it at Christmas and it wasn’t the first time.

He said Carroll told them they could go to Edwardsville or Granite City.

“She actually attacked my Christianity too,” he said.

He said they went to Wood River for help with the exemption a few days later.

He said he couldn’t attend township meetings and Hanson asked what led to that impression.

“When they said don’t come back I took it as don’t come back, you know, got to do business elsewhere,” he said. “I took it as I couldn’t come on the property at all.”

Sheilby testified she retired as a processor of commercial loans for Bank of America.

She said Carroll told them it was a matter of conflict and they asked why.

“They said because you tried to bribe us the last time when you were in here,” she said.

“I was really shocked that they were accusing us of something like that.”

She said Caroll told them they needed to go to church more often.

“I honestly didn’t think that we could come out to the facility again,” she said.

Hanson asked why and she said, “Because of what Carla said directly.”

Hanson and Champlin moved for summary judgment in September, claiming an injunction wasn’t appropriate or necessary.

Motil agreed and wrote, “Plaintiffs have chosen to ignore the fact that they could return to the township office the next day or some other day to seek the help they wished.”

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