Illinois Supreme Court Rules in Favor of D113A in Legal Battle Years Long

The Illinois Supreme Court Friday unanimously backed the decision of both a district and appellate court to dismiss a lawsuit against Lemont-Bromberek District 113A.

The Lutkauskas v. Ricker lawsuit was filed in 2010 by four resident-taxpayers of the district, and alleged that there had been improper transfers of $12 million from the district’s Working Cash fund. The plaintiffs did not allege that the money had been used for any purpose other than legitimate school district expenditures, but only that the transfers had been made without a proper board resolution. The lawsuit wanted the defendants—namely former Superintendent Timothy Ricker and other former board members—removed from their ranks, and fined up to $10,000. The only defendant still working within the district is Assistant Superintendent Mary Gricus.

In 2012, the Circuit Court dismissed the taxpayers’ claims against the school district. Subsequently, in 2013, the Appellate Court affirmed that decision. The Supreme Court Friday in a 7-0 decision, agreed with both of these lower courts and affirmed dismissal of the lawsuit.

The court’s decision released Friday detailed that the plaintiffs cannot seek repayment for the district, as the funds in question were not used for an improper purpose.

Board of Education President Cindy Kelly applauded the court’s decision.

“We are relieved it’s finally over and we can now concentrate on what’s important to us: the district’s children,” she said in an email.