Wednesday, February 10, 2021

Third World

OK, everyone who thinks that boating on Third Lake is subject to no municipal zoning restrictions, take one step forward.

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 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
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:
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.
MUNI CD-BOATING RIGHTS : HB3441 : 95th General Assembly
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.

Just Sayin!

14 comments:

HB3441, 95th Gen Assembly said...

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.

Anonymous said...

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.

Anonymous said...

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.

Beacham’s ghost said...

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”.

Grifters Suck said...

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.

Anonymous said...

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.

Anonymous said...

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.

County Board Member at the core said...

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.

Anonymous said...

The Village has collected sticker registration fees from owners for years. Refunds are owed to everyone not using the village boat launch.

Anonymous said...

Has anyone notified the Department of Natural Resources or the Lake County States Attorney to get their opinion?

Anonymous said...

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.

Anonymous said...

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

Pfister and Adam’s BIG LIE said...

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.

Anonymous said...

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.