Judge Orders No Bond Required from Plaintiffs in Mega Dairy Injunction

Public Health and Safety Trump Investor's Demand for $4.3 Million Bond

Submitted by

Matthew Alschuler

GALENA - December 18, 2008 - Judge Kevin Ward ruled today that the plaintiffs opposed to the 5,500-head mega dairy being built near Nora, Illinois, do not have to post a bond for the preliminary injunction he issued on October 20, 2008. This ruling is the second major court victory for the plaintiffs, who include the non-profit group HOMES and about a dozen individual citizens living near the proposed facility, which would endanger their health by heavily polluting the surrounding air and water.

Attorneys hired by industry groups to represent the California dairy investor demanded that HOMES and the individual plaintiffs post a $4.3 million bond to cover the alleged loss of estimated profits, penalties from the firm overseeing construction, and $1.2 million in corn silage harvested just a few months ago.

Many of the individual plaintiffs are retired and living off of modest pensions or social security, yet the investor's lawyers relentlessly questioned them about whether they could mortgage their homes to pay the requested bond. His lawyers even recommended that one plaintiff sell the life insurance annuity he bought to provide for his wife.

After Judge Ward stated that the requested $4.3 million bond was significantly more than the combined net worth of all the plaintiffs, he ruled that no bond would have to be posted. Another factor weighing heavily in the judge's decision was that, as stated in his preliminary injunction, "the proposed facility presents a high probability of creating a public and private nuisance by creating an environment injurious to the health and welfare of surrounding neighbors and the public at large." Judge Ward also followed legal precedent since bond is rarely required in cases where public health and safety are at stake.

In a brief filed with the court, the lawyer for HOMES, David Albee, said, "Imposition of a bond as requested by Defendant herein would chill and effectively lock the courthouse door on this vital public-interest pollution matter. It would frustrate the ability of citizens such as the Plaintiffs to assert their Constitutional Right to a healthful environment."

Dirk Harbach, the farmer sharecropping the land owned by this investor, testified that as late as September, well into this lawsuit, the investor could have easily decided to let his corn dry and harvest it with a combine instead of making silage. By storing this corn, or selling it on the open market, he could have made a profit, rather than letting 26,000 tons of silage sit unused and then demanding that the plaintiffs reimburse him.

The preliminary injunction, which was issued contingent upon the bond hearing, is now in effect until the conclusion of the trial, which is tentatively scheduled to start in May of 2009. This injunction prohibits the investor from housing more than 199 adult dairy cows on the site and from using any manure waste ponds.

For more information, please visit the web site: http://www.StopTheMegaDairy.org or email: info@StopTheMegaDairy.org

Capitol Fax

Rich Miller's commentary on State Government

From the very beginning, Gov. Rod Blagojevich sought to centralize the operation of state government as much as possible in his office. A cadre of deputy governors have overseen daily agency operations with an iron fist and reported directly to Blagojevich's chief of staff or to the governor himself.

But Blagojevich is now under siege and spending much of his days meeting with attorneys about his criminal case. His chief of staff has resigned, as did one of his deputy governors. Another deputy governor was hired only recently.

Almost nobody in government really knows what to do next. Lt. Governor Pat Quinn could be elevated within weeks or at most a few months. The US Attorney has already raided the Thompson Center office of one deputy governor, and more raids and grand jury probes are probable.

There has been talk among top staff of a mass resignation to send a message to Blagojevich that he must step down now. The state budget is literally crashing as the nation's economic situation worsens. Decisions that need to be made aren't being made, and even when decisions are handed down there is a real fear that following those orders might lead to trouble with either Quinn or US Attorney Patrick Fitzgerald or both.

Gov. Blagojevich has put on an appearance these past several days of staying busy at the office, commuting from his home almost every day to the Thompson Center, signing bills, approving contracts even issuing commutations.

But, Blagojevich is fighting to keep a job that he was never really interested in doing to begin with. He's probably been to the Thompson Center more in the past two weeks than he has in the past six months, partly for show with the TV cameras around, partly because his new lawyer is downtown and partly because his campaign office, where he usually "worked," was bugged by the feds.

So, given all that, would a mass resignation force the governor to take notice and step down? Probably not. As mentioned above, he hasn't much cared how the government functioned for six years. If he did, we wouldn't be in this awful fiscal shape right now. He's all about himself.

With paralysis at the top, it will be up to agency directors and their subordinates to run the government from below. But in some instances, the paralysis has filtered down to the agency level. "Many are thinking, 'Do I take charge or do I wait?'" said one longtime Statehouse insider recently. "Nobody wants to commit professional suicide."

And, considering the state of the economy right now, many of those agency directors and top administration staff would be putting themselves in severe jeopardy by stepping down in protest. They have their own families to care for, mortgages to pay, children to put through school. Considering this month's ignominious events, it's highly doubtful that anyone will be able to make a late jump from the Blagojevich administration to the White House. They're in a no-win situation.

Then there are those like Illinois Department of Veterans Affairs Director Tammy Duckworth. Ms. Duckworth has been thought to have a bright political future in front of her. A recent statewide poll showed her running several points ahead of powerhouse Attorney General Lisa Madigan in a hypothetical US Senate special election.

But Duckworth's quandary is immense. Resigning in protest would score her major political points for any future political bids. There would be gigantic media coverage of any resignation, and she'd be one of the few people who might move Blagojevich off the dime a bit. Director Duckworth, a wounded combat veteran, is not a wealthy person, however. A high-profile resignation might help secure her a job with the Obama administration, but then again it might not. Obama is rightly treating Blagojevich as a radioactive pariah.

In the meantime, the people who always get the shaft are getting it even worse. Illinois' social service safety net is mostly operated by private providers, and the budget crisis combined with the leadership vacuum have stretched them to the very limits of their endurance. Many have been forced to lay off employees at a time when most won't find a new job. These providers have simply been put in an untenable situation by an amoral governor.

Somehow, some way, this must end.

Rich Miller also publishes Capitol Fax, a daily political newsletter, and thecapitolfaxblog.com.

Giving Thanks at Christmas

Despite the bleakness of the global economy, most of us have much to appreciate in our daily lives. We can and should celebrate Christmas as a holy and happy season, a time that has become more than a Christian holy day. For many, this is the traditional time of year for family members to gather to strengthen their connections, make memories, and celebrate their sense of "family."

The 15th Judicial CASA (Carroll, Lee, and Ogle Counties) wants every child to be part of a loving and supportive family and speaks for the best interests of children who are in the court system through no fault of their own. The advocates are all volunteers, but there are still costs to providing this program. As a not-for-profit organization, CASA is well aware of budget challenges in this stressful economy.

However, CASA is also aware of the many people who make this program possible: volunteer advocates and office helpers, generous benefactors, judges, attorneys, and personnel from other agencies. We celebrate their generous contributions of time, talent, and/or financial support.

"Thank You" to all who supported CASA during the past year. May each of you experience a memorable Christmas moment during this holiday season, a time that you sense the peace and joy of Christmas.Please know that your generosity is recognized and appreciated.

For more information on how you can help, contact Vanessa White, Director of Advocate Services in Lee, Carroll and Ogle Counties, at casa@grics.net or 815/288-1901.

Happy Holidays to all.

Judy Truckenbrod

CASA Board Member

Response to Organ Donor Letter

This response comes from a family that has been on a transplant list for over a year now and is very familiar with the actual facts regarding organ transplantation. The type of misinformation in a recent letter where the writer seems to believe that organs are harvested improperly contributes to the extreme shortage of organs and prevents these wonderful transplant programs from saving many more lives.

There are 100,562 people in the U.S. on waiting lists for organs that can save their lives but as of 11/21/08 there have been only 9,490 donors available. (http://www.organdonor.gov/ )

Donating your organs to be used after your demise, means a second chance at life for someone's mother, father, wife, brother, sister, daughter, or son. Many lives are impacted positively by your donation in real world terms. We are extremely grateful for the people registered as organ donors for helping many others receive second chance to live a full life.

I suppose if I were declared dead with no realistic chance of recovery, my family could withhold my organs in hopes of receiving a miracle against all odds. I would prefer instead, however, that they help provide a miracle to someone who has a very real chance at life.

The reality is, that in all organ donation cases, the doctors will do more testing to make sure you are really deceased than they would if you were not an organ donor. (reference: Mayo Clinic).

For cardiac death donors, no organs are removed until the patient is taken off life support machines and the patient is declared legally dead by two independent doctors after expiring naturally because his body could not sustain life on its own. In cases of brain death donors, two separate doctors who are wholly independent of the transplant team must declare the patient to be brain dead. This means they have no brain activity in the brain or brain stem region which controls basic functions like breathing and heartbeat and without these functions the person is no longer alive by any standard. The criteria also states that the donor patient could not sustain life without machines at any point in the future either. By current medical, ethical and religious standards, the person is dead and the only reason the machines are still being used are so the organs remain vital with blood and oxygen flow in order to help save the life of another human being. Also note that no mainstream religion opposes organ donation.

Transplant doctors are among the most dedicated, ethical and motivated of all doctors. They devote their lives to saving lives, not taking them. The medical community would never allow organ removal of live patients that the letter implies actually could occur.

The letter you published details a few extremely rare cases where potential donors showed signs of lifenearthe time organ procurement and harvesting was to take place. The key point here is all of these casesmentioned were caught when the patient showed miraculous signs of lifebeforeany removal of life support equipment and certainly before the beginning of any organ removal. No one was "euthanized" or otherwise harmed in these cases.

Consider this: How much risk do your local volunteer fire fighters take to protect you and serve their fellow human beings? It is literally more than several million times the risk you would take to be an organ donor.Some risks are acceptable. Some risks are our moral responsibility.

If you would like to register as an organ donor please go to www.organdonor.gov/

Best Regards,

Dan Peterson

Mt. Carroll, IL

More Thoughts on the Blagojevich Saga

First and foremost, I'd like people to know that Gov. Blagojevich is not Croatian, and that he is Serbian, i.e., he is not one of my countrymen. I have been getting questions about that because of the "ich" at the end of his name.

On the Economic Development front, what a blow to Illinois. It's not bad enough Illinois has one of the highest unemployment rates, but now with yet another governor from here going to jail, what company in their right mind would want to deal with this, since they have a choice of other states to run their company. As far as a hospitality business owner, sure was a good ploy to put "heads in beds" with the international news groups and all. Can you find somebody out here that's corrupt to bring such attention??? :-)

George Vidinich

Hickory Hideaway

Shannon, IL

A Place to Learn & Grow

Each year in Illinois, nearly 230,000 students drop out of school. A research report by the Center for Labor Market Studies concluded that each dropout was reducing by 33% to 50% his or her future wage earning power. Just as alarming, each of these students will provide society with $221,000 less in tax revenue over the course of their lives.

Truancy from school is one of the precursors of students dropping out of school. On December 17, 2008, the Eastland Board of Education approved as policy the Carroll County Truancy Protocol. The purpose of the protocol is to establish uniform expectations and procedures for compulsory student attendance at Carroll County schools.

The protocol works to improve communication between various agencies, and ensures swift and consistent enforcement for students and parents who are not compliant. On a student's second unexcused absence, the building principal will notify the Regional Office of Education. A truancy specialist will initiate interventions with the student, and his/her parents or guardians. Upon a third unexcused absence, the principal will file a First Notice of Noncompliance with the Regional Office of Education.

Continued unexcused absences will result in the Regional Office of Education notifying the Carroll County State's Attorney's Office. The States Attorney will have the authority to file a complaint against the parent or guardian, or the Regional Office may conduct a truancy hearing. If the student is determined to be truant, the ROE has authority to require the student to perform 20-40 hours of public service over a 90 day period.

If truancy persists, either the ROE or the States Attorney will make a complaint against the parent or guardian, with an adjudicatory hearing to be held within 10 days. A finding must be acted upon within 30 days.

The goal of the Eastland Schools is that students will find school to be a warm and welcoming place ­ a place where they can learn and grow with the support of committed and competent adults. One of the ways that we can demonstrate that commitment is by recognizing when students are not attending regularly, and insisting that they do.

Sincerely,

Mark D. Hansen

Superintendent

Eastland Schools

HSCC Raffle Winners

Thank you to all who bought raffle tickets from the Humane Society of Carroll County. The drawing was held Friday, Dec. 5th. The winners are as follows:

Dog Lap Quilt / Anna Delp of Savanna; Cat Lap Quilt / Joan Oliver of Freeport; Embroidered Table Cloth / Tammy Stretton of Savanna; Tea Tin Candle Basket / Cherie Hadju of Freeport; Big Dog Kennel / Dr. Claeys of Eastland Veterinary Cinic in Lanark; Holiday Bed / Dianne Brinkmeier of Savanna.

Please be extra aware of the needs of outdoor animals during these bitterly cold months. Most of the calls we receive at this time of year pertain to dogs whose lives are spent at the end of a leash, lonely and freezing. No animal deserves to live like that.

Thanks again to all who participated this year by attending the two Magic shows at Facemakers, filling our buckets on 4-WAY collection days, the Carroll County Fair booth, and our raffles. Your support allows us to continue our Spay/Neuter program.

We have soy candles for sale at the Mt. Carroll Vet Cinic for $8.00 each. They are hand poured and make great Christmas gifts. If you would like to make a donation to the Humane Society our address is HSCC, PO BOX 93, Mt. Carroll, Il. 61053 or call (815) 273-5331.

Lorna May

HSCC Secretary

For Your Consideration

As we enter the final days of the hectic Christmas shopping season, which is good for the economy, it's never too late to remind ourselves that Christ's birth is really about the economy of salvation, not capitalism. Our focus should be on the divine Child that the Virgin Mary has been carrying for the past nine months and is about to bring into the world, not on what kind of Playstation Johnny and Betty would like.

Of course, it's possible to do both at the same time, so as an aid to doing so, consider saying the following prayer during the day before, during and after Christmas. It's short but always timely and can do what our Supreme Court still refuses to do: save and protect the life of every person, born or unborn.

It was originally composed by Conrad Wojner, founder of several pro-life counseling centers in Chicago that have saved thousands of babies from "a fate worse than death" and their mothers from a lifetime of regret:

Father in heaven, in the powerful names of Jesus and Mary, I beg you to save the life of the unborn baby I am spiritually adopting who is scheduled to be killed by an abortionist today. Fill the heart of my child's mother with love and tenderness towards the life in her womb. Give her the grace to accept her responsibility as co-creator with you, and someday, may we all meet together in heaven to give you honor, glory, praise and thanksgiving for the gift of life, forever and ever. Amen.

Sincerely,

Richard O'Connor

Pearl City, IL

Don't Trust this Campaign for Change

By Richard Miniter

The ever-rising price tag of the Wall Street bailout has induced an understandable uproar from the American public. Taxpayers are right to be concerned about Congress doling out such a sizeable chunk of change and skeptical of the justifications proffered by politicians.

But all too often, at the behest of well-connected special interests, lawmakers are able to sneak hugely expensive projects right past voters. In just the past couple of years, Congress has appropriate $1.2 million to study the breeding habits of woodchucks, $2 million to build an ancient Hawaiian canoe, and nearly $20 million to analyze gas emissions from cow flatulence.

And right now, at the behest of powerful lobbyists, lawmakers have embarked upon another misadventure with millions of taxpayer dollars they're attempting to convince us that we should replace the dollar bill with a dollar coin.

Last year, the U.S. Mint unveiled the Presidential Dollar Coin Series, pledging to introduce four new coins every year. So far the coins haven't caught on a Harris Interactive poll from March found that a whopping 76 percent of Americans prefer a dollar bill to a coin. But production of the coins continues.

The groups pushing for the series include metal producers and the National Automatic Merchandising Association (NAMA), which represents vending machine manufacturers.

NAMA's members expect their operational costs to drop dramatically if dollar coins are the norm. Since coins tend to take up less room inside machines than bills, collection personnel can make fewer stops at vending sites. The metal industry's interest in the coins is obvious.

In making their case, the groups have decided that their best move is to try and convince lawmakers that taxpayers will save money if the government produces coins instead of bills. Problem is, their case blatantly misrepresents the facts.

At a July hearing held by the House Financial Services subcommittee, NAMA president Richard Geerdes claimed that a switch to dollar coins would save "the American taxpayers at least $600 million a year."

But this year, according to the Federal Reserve, the entire budget for printing all U.S. currency is $578.5 million. So unless Geerdes is actually advocating the elimination of the nation's entire monetary system, it's safe to say that his figure came out of thin air.

But wait don't coins last longer than paper notes? Won't they therefore save at least some money?

Not really. For starters, the lifespan of the average bill increased from 18 to 22 months over the past eight years and that figure continues upwards. As the disparity between how long a coin lasts and how long a bill lasts decreases, cost savings drop.

Also, the cost of producing coins has been skyrocketing. The penny now costs 1.9 cents to produce, and the nickel 9.8 cents. The cost of producing a dollar coin has doubled in the last decade.

Finally, according to both the Congressional Budget Office and Federal Reserve, it actually takes at least two coins to replace one paper bill. Coins are more likely to get dropped from circulation by individual consumers than are bills. Think of all the coins rattling around that jar on your dresser or underneath the cushions of your couch.

As a 1993 survey from the GAO noted, "[P]eople consider coins heavier to carry than notes, as well as bulky and awkward." No kidding.

Despite these realities, the government is burning through millions on the dollar coin program. Between 1998 and 2001, the Feds spent $67 million promoting the Sacagawea dollar ultimately to no avail. A 2001 GAO study found that the Sacagawea dollar was being used in less than 1 percent of all dollar transactions.

The pro-coin lobbying push is not only bad for taxpayers; it also undermines the interests of the vending-machine operators NAMA claims to represent. Today, more Americans are using credit cards than ever before. Instead of pushing for dollar coins, NAMA should be encouraging its members to invest in technology to allow credit card purchases at vending machines.

Time and again, Americans have indicated that they just don't want to use dollar coins. Yet at the behest of special interests, the federal government persists in spending millions trying to convince us that we should.

This campaign for change is costing taxpayers dearly. It's time for lawmakers to use a little common sense and say, "no thanks" to the dollar coin.

- Richard Miniter is a bestselling author and fellow at the Hudson Institute.

Capitol Report

By Jim Sacia

State Representative

89th District

Following the actions of the Illinois House of Representatives acting on House Resolution HR1650, the Impeachment Committee of 21 members of the House convened for the second day on Wednesday December 17. I am one of the 9 Republican State Representatives, and like each of my 20 colleagues I take this mandate very seriously.

The job of the Illinois House of Representatives is to determine if the Governor of Illinois should be impeached. Should those findings be in the affirmative, the Illinois Senate will hold a trial with the Chief Justice of the Illinois Supreme Court presiding.

Yesterday we met only briefly because Ed Genson, attorney for Governor Rod Blagojevich, could not be there until December 17. Day two began with Mr. Genson interrupting Chairwoman House Majority Leader Barbara Flynn Currie. He insinuated that the committee should not continue citing case law that a federal affidavit which was used to charge Governor Blagojevich could not be used in another court or proceeding. To the great credit of Majority Leader Currie, at no time did she allow Mr. Genson to intimidate the committee with his comments. She very correctly noted that the impeachment committee was not a court of law and no effort was being made to establish criminal wrong doing of Gov. Blagojevich; simply whether or not cause existed to impeach him.

For the next several hours David Ellis, Chief Legal Counsel to House Speaker Michael Madigan, outlined the charges against Governor Blagojevich as described in the FBI complaint and supporting affidavit. He thereafter went through excerpts of sworn testimony of Ali Ata and Joseph Cari used in the Tony Rezko trial, in which Rezko was found guilty.

Thereafter, in my opinion, the circus began. Attorney Genson attempted to challenge everything laid out by Mr. Ellis. My good friend Representative Jack Franks (D-Woodstock), who is a practicing attorney, took Mr. Genson to task, pointing out that the Impeachment Committee is not a court of law. Minority Spokesman Jim Durkin (R-Countryside), who is a practicing attorney and a State Representative, pointed out that hearsay evidence is certainly permissible in our proceedings. One would certainly get the feeling that Mr. Genson will do all he can to delay the committee's progress.

An issue that will unfortunately upset you as a citizen of Illinois is Mr. Genson has submitted a notice of filing to Illinois Attorney General Lisa Madigan, with copies to our committee, noting that she has filed with the Illinois Supreme Court documentation to have the Governor removed from office. Mr. Genson's documents states that Attorney General Lisa Madigan cannot fairly represent the Governor as the Attorney General under Act 15 ILCS 205/4 and accordingly Illinois taxpayers should pay for Governor Blagojevich's attorney's fees.

No, I don't think it will gain any steam but you need to know it's out there. I take no joy in this sad time of our State government. However, I am confident that our committee will work quickly and methodically to resolve this unfortunate event.

As always, you can reach me, Sally or Barb at 815/232-0774 or e-mail us at jimsacia@aeroinc.net. You can also visit my website at www.jimsacia.com. It's always a pleasure to hear from you.

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