Not so fast there, Fill in the Blank.
HaHa, the Village of Third Lake passed an ordinance last month regulating the use of boats on Third Lake:
Village Trustees passed the Law in spite of the fact that Illinois State Law says that the Village does not have jurisdiction over Third Lake, because the body of water is not 100% within village borders:
Village of Third Lake Ordinance No. 21-01-01
An Ordinance Providing for the Registration of Boats and Other Watercraft
and Establishing Rules and Regulations
for Village Boat Launched, Lake Usage and Water-Landing Places
Amends the Illinois Municipal Code. In a Section that grants jurisdiction to municipalities over certain bodies of water within the corporate limits of the municipality and up to three miles beyond the corporate limits, provides that nothing in the Section shall be construed to authorize a municipality to exercise zoning power or otherwise restrict the use of private property outside of the corporate limits of the municipality.Note to Ops: If you're tasked with writing and enacting village ordinances it's a good idea to have a guy on staff who knows how to look up and interpret State Laws.
MUNI CD-BOATING RIGHTS : HB3441 : 95th General Assembly
Just Sayin!
17 comments:
Ha! Not so fast there, Dewey, Cheatem, & Howe. No doubt this Third Lake attorney is a Trump University alum who graduated with “honors”.
This is all unambiguously prohibited by state law. State’s Attorney Nerheim ignored similar grifts in Lake County while in Office. Reinhardt needs to prosecute these grifting imbeciles posing as Third Lake’s public officials and its attorney.
Well done, Eye On Lake County.
Why is there no newspaper coverage of this? Where else is this going on?
Maybe Lake County Commissioner Dick Barr can loan out some of his “Stop The Steal” posters.
Groundhog Day. Somebody bucking for a promotion again?
In 2005, biologists (yes biologists) in the Health Department of Lake County - without legal degrees - were convinced to draft and fax to village officials in Round Lake and Fox Lake similar drafted ordinances, relying on some of the same Illinois statutes listed in this bogus Village of Third Lake ordinance claimed over Third Lake and Druce Lake. All verifiable by FOIA. Fax was sent by Mark Pfister. Fatally flawed legal opinions by biologists creating bogus ordinances. What happened to Mark Pfister and Mike Adam? They were immediately promoted.
Yes it was all illegal and the state legislature did intervene and clarify the illegality of this kind of local government, but those who initiated the scam were never prosecuted, rather they were only rewarded by Lake County officials.
https://law.justia.com/cases/illinois/supreme-court/1988/65703-7.html
1988. That is when this landmark ruling was issued by the Illinois Supreme Court resulting in the requirement of local units of government to have 100% of a glacially formed, private/non navigable lake within its corporate borders in order to establish jurisdiction of such a lake’s waters. That was the effect of this ruling and head IDNR attorneys like infamous Jack Price now retired have emphasized this......in writing. After actually establishing required territorial jurisdiction, any local government desiring restrictions on such a lake must then apply with the IDNR for consideration of a local ordinance so as to restrict the lake’s waters. That is required by state statute: Illinois Boat Registration and Safety Act. State law. Again confirmed by IDNR attorneys like Jack Price. That statute is THE controlling statute regarding the restriction of lakes and it clearly requires a municipality or any local government to first have jurisdiction to begin that process. Again confirmed by Jack Price, years ago. Very old news.
The IDNR does not list either Third Lake or Druce Lake as having special restrictions like the village purports with its ordinance. Very telling the village skirted state law. 33 years later, the legal beagles hellbent on still fleecing constituents in Lake County are still at it, still skirting these requirements clearly established by state law years ago, just to try to pick the pockets of residents via illegal local government. In short, pissing on Lake County residents and telling them it’s raining. Again. Classic regulation without representation. The epitome of bad, illegal government. Again.
Get to work, SA Reinhart. DO YOUR JOB and prosecute the fraudsters once again abusing state law, stealing from citizens in our county, and falsely slandering and painting as “criminals” anyone who does not comply with these false municipal ordinances. Clouding of title with a false and devaluing encumbrance is also criminal. If county employees are once again involved with this ordinance claimed against people’s properties, fire them and prosecute them, especially those with a verifiable history of this illegal agenda on lakes. Never so much as apologizing for their actions, a clear indication of no remorse. The now former SA’s intentional failure to do his job is why he was voted out and it is why this incredibly stupid problem keeps rearing its ugly head.
Prosecute now, as fraud, clouding of title, and abuse of power are not victimless crimes in Lake County. Put a stop once and for all to this criminal activity in Lake County.
No more mulligans to corrupt public officials and “attorneys”.
Owners of Druce Lake and 3rd Lake,
Village of 3rd Lake officials and possibly others are grifting you and likely devaluing your property at the same time.
Its ordinance restricting the 2 lakes’ water usage is illegal in Illinois, prohibited by state law. Those officials already know this. Don’t let anyone convince you they don’t know. That’s BS. They know already. Your lake water is owned by you. Private ownership. It’s technically non exclusive private ownership as you must share the water with the other owners of the lake. But that must to share it ironically is also what helps protect your valuable property rights to your water, protect it from village officials who want to take from it. For if the village does not have the entire lake’s waters inside the village, it has no jurisdiction over it, meaning no jurisdiction towards any special zoning ordinance. The only thing the village can legally do as far as against the lake water usage is enforce state law. (And that’s a good thing. State laws like the Illinois Boat Registration and Safety Act are comprehensive and good.). That’s it, when it comes to legally restricting the usage of the water. No zoning of it.
This does not however mean the village is similarly limited when it comes to upland areas around the lake. It can treat those upland areas such as a village owned launch in a less constrained fashion, such as requiring a fee to use the launch or putting up a gate or excluding some people, however the property owner sees fit.. Under the law of course. That upland has exclusive ownership rights, very different than non exclusive rights of the lake’s water. Sharing is not required of upland property. This difference between water ownership and upland ownership is due to the Beacham case.
This was why this subject matter expert attorney, the author of HB3441, was in this below letter educating another village mayor in Lake County in 2009, including about the act of zoning. This Mayor Dietz had inherited a very similar extraterritorial ordinance (adopted originally by his predecessor at the direction and urging of certain county health officials and a county board member, none of whom were lawyers. They were crooks!). They pushed an illegal ordinance for a personal agenda which did nothing but create chaos, divisiveness, and confusion on the lake. It also fueled HB3441.
http://nebula.wsimg.com/87a053c59cc58fccb1d8fef89ef473dd?AccessKeyId=3620C4390AF9701853B0&disposition=0&alloworigin=1
If you decide to sue (it may be inevitable) find a good lawyer outside of Lake County. Regardless of what the liars say, these officials already know the illegality of the ordinance against your private lake that is without doubt only partially inside the village. HB3441 had a lot of visibility across the county with the many private lakes, The 3rd Lake officials like all towns with lakes were in the loop at that time. The long-standing officials know what they’re doing. The newer ones likely don’t.
Find a good appraiser too. An appraiser in 2014 testified in a Lake County Circuit Court that lake restricted properties were devalued “20-40%” because of restrictions. That’s a real loss. Damages.
Good Luck.
I hope the “Eye” plans to give “like” coverage to the follies at Avon Township. There is “one” Trump-like” Democrat who thinks he is King of the township.
The state statutes recited by Third Lake in its ordinance claiming to grant jurisdiction to adopt its ordinance on lakes’ usage are all erroneous and irrelevant, all except 1 statute:
625 ILCS 45/8-1 is the only one relevant and it is a section of the Illinois Boat Registration & Safety Act. This whole statute is the controlling statute when it comes to ordinances on lakes.
So the municipal officials know this important statute. They would not have named it on the face of the ordinance if they did not know this. 45/8-1 does outline municipalities can adopt lake usage ordinances that are “not inconsistent with this Act”.
The next section 45/8-2 clearly emphasizes a municipality would first have to have “waters within territorial jurisdiction” as a qualifier to be such a municipality to adopt an ordinance. The Village of Third Lake does not have either Third Lake or Druce Lake within its territorial jurisdiction.
45/8-3 Reiterates such special usage regulations can only be applied on “waters within territorial jurisdiction “
45/9-1 immediately thereafter details the filing process of an ordinance with the IDNR. The Village of Third Lake did not do this, presumably because its ordinance is in fact inconsistent with this Act.
The lack of filing is an admission of guilt. The officials who had a hand in adopting this ordinance know of its illegality. Their ordinance violates the very same Act that they are claiming it grants them jurisdiction.
http://nebula.wsimg.com/ababac748ea3cf0511023d05f7fdc4c0?AccessKeyId=3620C4390AF9701853B0&disposition=0&alloworigin=1
The Clausen Miller attorney advised the then Governor Blagojevich during HB3441 hearings. The attorney accurately points out that if municipalities adopted ordinances on lakes not 100% within the municipal borders, the lake would have different rules for different people or different rules on different parts of the lake. An incubator for problems and conflict on the lake. A municipal attorney’s dream as conflict would flood the courts and billable hours.
Also read how the attorney highlights a Lake County “Republican” was opposing the clarification of state law. This was at the county board level, who had influenced the Health Department personnel (biologists) to draft the illegal ordinance drafts at the onset of the scam.
To be fair, HB3441 was enacted in a bipartisan manner, Democrats and most (not all) Republicans voted for it.
The Village has collected sticker registration fees from owners for years. Refunds are owed to everyone not using the village boat launch.
Has anyone notified the Department of Natural Resources or the Lake County States Attorney to get their opinion?
Third Lake politicians realize it's easier to lie and swindle people out of their money, easier than operating within the confines of the law. They believe Lake County and Illinois law enforcement are a joke.
2021 is not the first year for Third Lake to take fees for usage stickers. It has been getting away with taking fees for years.
Wanted: A good class action attorney
https://www.lakecountyil.gov/DocumentCenter/View/5866/2003-Cedar-Lake-Report-PDF
This 2003 report produced by Lake County’s Mark Pfister and Mike Adam, page 6, for a Republican county board member who lives on the lake appears as one of the first documented county papers to purport, condone, and facilitate their big lie: local public officials can adopt special regulations against lakes not located entirely within municipal borders. Their report perverts and violates the limitations already within the Illinois Municipsl Code, to give people the false impression it is “illegal” to disobey such an extraterritorial ordinance.
Pfister and Adam have thereafter left a trail of these false legal opinions on many other lakes throughout Lake County. They have created nearly 2 decades of fraud with their BIG LIE.
Buckley led the village purchase of some lake bottom of Druce for Clarke to weedtreat. Clarke by law cannot treat a section of the lake unless the owner contracts them. Double talking Buckley can attempt to explain his rationale for choosing to break laws with 21-01-01. Jones and Baugh ought to be brought before the bar. Fines and fees collected through the guise of lake ordinances returned to everyone. 21-01-01 rescinded.
According to 625 ILCS 45/2-3 ENFORCEMENT and PROSECUTION of the Boat Registration & Safety Act: “It is the duty of all State’s Attorneys to enforce these provisions of this Act in their respective counties, and to prosecute all persons charged with violating the provisions hereof.”
Since catch and release has been the MO of the Lake County SA, what does that make him, in violation of this Act?
www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=1826&ChapterID=49
State laws apparently are not enough for the politically connected sheisters in Lake County. If law enforcement (the States Attorney) remains blind as ever to this, a Class Action suit seems inevitable. Towns and the county have been in on this for a long time and the gravy train’s rails extend well beyond Third and Druce lakes.
* Cedar lake (former county board President Suzi Schmidt’s neck of the woods) has a 10 horsepower limit, ignoring the lake is not completely inside Lake Villa’s boundaries. They ticket and fine anyone breaking the town ordinance. The county Health Department in its reports also claims it is illegal to exceed 10hp or break any of the town’s ordinance on the lake. No, Ms. Schmidt has never told 911 operators to ignore complaints of 11+ horsepower motors on Cedar lake.
* Bangs lake has town boat stickers, charges, penalties, rules like speed limits, wake hours, and more by town ordinance. They ticket people all the time too. It has been a money maker for years. Like other lakes Bangs is not completely inside Wauconda boundaries.
* The towns disingenuously, fraudulently, shamefully, (whatever word you want to use) misuse the county court system as muscle to threaten enforcement of their illegal town fees, tickets, fines. It is an operation. They bank on most people reluctantly paying the money. People not lawyered up usually pay up and get taken. Exactly what towns bank on. Literally.
* Towns drop the charges in the unlikely event someone in the know or with a lawyer spends their personal time and money to show up in court to challenge the ticket, which is not often. Regardless and by design, never do the town lawyers give the judge an opportunity to hear or understand the towns are without jurisdiction issuing and collecting on these fees, tickets, fines, against people for breaking town ordinances. An actual court hearing would be a death blow to their huge historical, money taking machine. It’s also an admission of guilt by those orchestrating the huge takings.
* Third lake goes further. It uses the county Sheriff to patrol and enforce lakes. Buckley also tells people at HOA meetings and anyone within earshot of his megaphone that the county Sheriff tickets boaters on area lakes caught without stickers. A ploy to misinform, intimidate and take as much illegal revenue as possible by means of town sticker fees. Neither lake is completely inside the town boundaries, but that does not stop Buckley from taking and using the county Sheriff as a disingenuous threat on the lakes to do so.
* The county Sheriff at its Marine Unit in Fox Lake was once used towards getting town ordinances on lakes. That was documented in the itinerary of a public townhall held in Fox Lake. Boating fines were in a newly proposed ordinance with the targeted lake (Wooster lake) not being completely inside town boundaries. A county Sheriff lieutenant located in Fox Lake was 1 of the guest speakers scheduled at a townhall to promote enacting of the new ordinance. At the townhall Health Department Directors advocated for the town ordinance as did county Board Member Bonnie Carter (good pal of Suzi Schmidt).
* The county Health Department Directors once spearheaded the “Round Lake Boating Commission” without objection from any county board member and attempted to enable towns to enact an ordinance to collect fees for boat stickers and fines, etc. if people broke the ordinance on Round lake. It too was not completely inside town boundaries. The county Health Department also went out of its way to lie in one of its own reports, falsely stating Round lake was within the neighboring towns’ boundaries just to advocate for the illegal town ordinance targeting Round lake.
None of this will stop until the States Attorney prosecutes or a Class Action suit is filed.
He (Village President Buckley) is solely to blame because he essentially lied to the Trustees about the lake bottom purchase. When he asked for their approval of the purchase, first he lied about why he thought the Village should purchase the lake bottom and then when they asked how much it was going to cost, he lied again telling them $1,000 per acre (20 acres) He failed to mention to the Board that he decided for everyone that he would volunteer to pay the engineering fees which are typically paid by the seller. The Engineering & legal fees for the 20 acres was an additional $20ish also paid for by all of the residents of the Village of Third Lake, not just the ones who live on Druce Lake. This purchase was definitely NOT budgeted for. All can be confirmed by FOIA request.
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