They are doing it by filing a lawsuit to let a judge decide. From the Journal-Standard:
Freeport Township now looks to the court system to see if last year’s joint purchase of the property at 206 E. Stephenson St. with the Veterans Assistance Commission [of Stephenson County] was legal.
“An opinion by attorney Greg Pelini says that a township can co-own a building with a municipality,” said Mike Phillips, attorney for the Freeport Township. “The VAC[SC] is not a municipality and according to the opinion we are not authorized to co-own a building with them. We have no authority to do it.”
The pending lawsuit includes the VAC[SC], Security First Title Company and local businessman Dave Fonda as defendants. The township and VAC[SC] jointly bought the property that they currently share from Fonda for $366,971 and moved there in January.
The basis for the lawsuit is three counts, according to the article. The court is being asked to determine whether the VAC[SC] is prohibited from entering into contracts to buy property unless it’s partnering with a municipality, whether the electors of the township should have voted on the purchase, and whether the township failed to appropriate funding to cover operational expenses in the new building.
I guess theoretically a positive finding on any of these counts could result in vacating the purchase, though the township seems to prefer just to find a way to make it legal if it currently isn’t. The township is not asking for money damages.
However, back when the deal was made, a Stephenson County blogger found even more to trouble residents about the joint purchase than what is found in the suit. Read the rest of this entry