HomeMy WebLinkAboutRes 26-81 07/07/1981
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RESOLUTION NO." 26:"'81
A RESOLUTION ESTABLISHING A POLICY BY THE VILLAGE OF
MOUNT PROSPECT, ILLINOIS REGARDING MUNICIPAL ACTION
TO SEEK RECOVERY OF COSTS AND EXPENSES INCURRED IN
DEFENDING FRIVOLOUS LITIGATION
~EREAS, municipalities have recently been the subject of a
eavy increase in litigation, particularly with respect to
"civil rights" claims; and
~EREAS, much of this litigation has been determined to be
frivolous in nature and based upon claims which lack any
robable cause or foundation to support an injury or infringe-
ent of a right upon which recovery could be had against a
unicipality; and
vHEREAS, such frivolous and nuisance suits have resulted in
an expenditure of time and expense on behalf of the municipalities
involved in defending the same, with the result that such liti-
gation has become a heavy burden upon the taxpayers; and
ECTION ONE: It shall be the policy of the Village of Mount
rospect, Illinois to actively pursue the recovery of cost,
expenses and any and all other damages which may be incurred
y the Village in successfully defending frivolous or nuisance
lawsuits filed against the Village on claims or complaints which
" are wholly without probable cause or foundation. Said Village
i action shall be against the parties who have filed such suits
" and shall be in the nature of a counter-claim, or a separate
action for malicious prosecution, or by way of a petition for
legal fees and costs and other expenses pursuant to the practice
rules of court, or in such other means as may be deemed feasible
and necessary by the Village in protecting the expenditure of
public funds.
HEREAS, it is the belief of the President and Board of Trustees
of the Village of Mount Prospect, Illinois that a public policy
should be established regarding the intent of this Village in
responding to such frivolous or nuisance litigation, in an effort
to dissuade and otherwise curtail such suits.
OW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
F THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION TWO: The Village Manager and the Village Attorney are
ereby authorized and directed to consider and evaluate each
lawsuit hereinafter filed against this Village and to recommend
to this Board a means of implementing the policy to recover legal
fees, costs and other damages incurred by the Village in a defense
of the same.
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SECTION THREE: This Resolution shall be in full force and
'I effect from and after its passage and approval in the manner
provided by law.
PASSED this
7th
day of
July
, 1981.
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AYES:
Arthur, Farley, Floras, Miller, Wattenberg
NAYS:
None
ABSENT:
Murauskis
APPROVED this
7th
day of
July
, 1981.
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¡ATTEST:
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