Rockford, Ill. - Judge Philip G. Reinhard granted the plaintiffs' Motion to Remand in the Tradition Dairy lawsuit Tuesday, April 28, bringing the case back to Jo Daviess County Circuit Court.
David Albee, the attorney for the plaintiff, described the decision as a "victory for HOMES (Helping Others Maintain Environmental Standards)," but said the immediate future of the Tradition Dairy lawsuit, initially slated to go to trial in May, remains uncertain.
"We will have to re-establish the schedule," Albee said Tuesday. "First, we have to wait for the case to get back here, then we will pick up the pieces and go from there."
The decision comes more than two months after defense attorneys Thomas Nack and Donald Manning initially filed a Notice of Removal in Jo Daviess County Court, an action prompted by the dismissal of the Department of Agriculture from the lawsuit. The move shifted the case to federal court in Rockford.
One month later, the plaintiff filed a motion to remand the case to county court. The plaintiff's motion, Albee said, was based on three arguments: the Notice of Removal was not timely, the dismissal of the Department of Agriculture was involuntary, and the defense participated in state court after the "basis for removal" (the dismissal of the Department of Agriculture) was apparent.
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Temporary Victory for Local Environmental Group in Efforts to Block Megadairy
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Judge Grants Remand: Tradition Dairy Case Moves From Rockford to Jo Daviess County
By Jeff Montgomery
The Journal Standard - Freeport, IL, April 28, 2009
Straight to the Source
