The First District - First Division of the Appellate Court of Illinois has issued an order regarding the Sher/Shaw group's appeal. The purpose of this order was to decide whether or not the appeal can proceed, and if so, what orders are or are not appealable.
The appellate court's order (complete with the legal explanations) can be read by clicking HERE
The Sher/Shaw group have tried to appeal five of Judge Garcia's orders. More importantly (at least in the near term), they have also tried to convince the appellate court to issue a 'stay of enforcement' of Judge Garcia's orders while their appeal is being considered. If successful, this stay of enforcement could stop all progress in Cedar Run and put the election and financial review on hold until the appellate court has issued a final ruling.
So.......................................
The appellate court cites precedent in the Illinois Supreme Court as a guideline. They basically say that an appellant (i.e. the Sher/Shaw group in this case) must prove that they have a good chance of winning an appeal if they wish to be granted a stay. (see their exact words below)The appellate court's order (complete with the legal explanations) can be read by clicking HERE
The Sher/Shaw group have tried to appeal five of Judge Garcia's orders. More importantly (at least in the near term), they have also tried to convince the appellate court to issue a 'stay of enforcement' of Judge Garcia's orders while their appeal is being considered. If successful, this stay of enforcement could stop all progress in Cedar Run and put the election and financial review on hold until the appellate court has issued a final ruling.
So.......................................
FIRST AND FOREMOST........on the motion to stay enforcement:
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| (highlighting added for emphasis) |
One could easily interpret the above paragraph as proof that the Sher/Shaw group has a pretty weak case.
AND
Appeals of Judge Garcia's orders from December 17th, 2014 (stand-still order), February 9th, 2015 (T.R.O./Injunction), and March 10, 2015 (denial of motion to reconsider T.R.O./Injunction)
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| (Appellate court determined they are not appealable) |
The short version as to why.....because they waited too long and did not file their appeal in a timely manner. For the March 10th order (the least significant of the three orders), Sher/Shaw were one day past the deadline. The appellate courts obviously takes these deadlines seriously.
Remaining Orders On Appeal
Certain portions and/or paragraphs from orders on March 25th, 2015 and April 3rd, 2015 are appealable according to the appellate court, but in a very limited capacity. Basically the Sher/Shaw group can appeal judge Garcia's denial of their motions/requests to reconsider the February 9th order (T.R.O./Injunction). They would have to prove that Judge Garcia was abusing his authority when he denied them and that he did not give them a fair chance to argue that the injunction should be modified or dissolved.
Also..........the appellate court had the following to say about Sher/Shaw's chances for winning an appeal of the above orders:
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| (highlighting added for emphasis) |
Again, the above statements don't exactly read like a vote of confidence in Sher/Shaw's chances of succeeding with their appeal.
Other than the above, the only other thing they can appeal pertains to the letter that the receiver sent out to refute the infamous letter sent by Robert Sher to all Cedar Run owners back in March. You'll recall that Sher's letter resulted in him being found in contempt of court. The only thing that can be appealed is the order that instructed the receiver to send a follow-up/retraction letter. This appeal would have no effect on the court's finding that Sher was in contempt.
Other Findings/Rulings
- Per the appellate court, the T.R.O. (Temporary Restraining Order) from February 9th, 2015, is effectively a Injunction. Basically, the order has lasted way longer than what the appellate court considers to be 'temporary'.
- Caryn Shaw (rookie attorney) cited the wrong Illinois Supreme Court rules when she made her arguments for the appeal.
- If the Sher/Shaw group are somehow successful in their appeals, it will not 'undo' any of the previous orders like the injunction. See below.
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| (highlighting added for emphasis) |
What happens next?
If the Sher/Shaw group decide to pursue their appeals despite the above developments, it will probably be months before their case will even be heard. Since the stay of enforcement was denied, there will be no interference with the existing case. They will have to fight this battle on their own dime, and their chances of success appear to be quite weak.
- Will they continue fighting this appeal?
- Will they try and escalate it to the Illinois Supreme Court?
- Will they try the appellate court again for future orders that they find unfavorable?
We can only wait and see..........
We'd love to hear from you!
(224) 544-9058
Lets hope the audit comes out before they can stop it..
ReplyDeleteThey won't be stopping anything at this point. The financials have been compiled, and we expect a report in the near future. Hopefully we will get some closure on that in court tomorrow (9/15).
Deletewhat happened today in court ?
ReplyDeleteNothing is known at this point. As soon as we know something, we will post it here.
DeleteFYI, case has been continued to 9/21. There was no hearing on 9/15.
DeleteFirst of all, Thank you for all the updates! Wish I knew why The Receiver stopped sending us a newsletter? And, why it seems as if they only are doing fix up work in certain areas of Cedar Run. Like, patching certain grass areas, when they are in front of units that have caused the damage ( I hope they bill them back) and allowing this wonderful Landscape Company cut tree branches only again in certain areas. I have tried to call them about issues, but always get voicemail and there is never anyone at the clubhouse, when they are suppose to be. Well I can only pray this is over soon....Get a new Master Board and Management Company, that TRULY CARE about Cedar Run
ReplyDeleteI sent a request to the email address they gave in one of the letters and got a response the next day.
DeleteA lot of police activity early this morning around the vicinity of Robert's street....did anyone else see that or know what happened?
ReplyDeletethank you for your concerns at this time the receiver is doing the best for us and the landscaping &trees service ais doing a good job the ponds are clean ed up but to make comment no one answers the phone is false as for club house the hours are on the door believe me everyone that the court appointed to take care of cedar run is lisenced,bonded,insured this is going as fast as the court will allow the situation so have patience and stop complaining !
ReplyDeleteI need to agree, when I call the office, ( the number I was given ) , I never can leave a message... Also I work odd hours and have gone to the clubhouse on occasions at the posted time and find it locked.... I have issues of residents throwing parties and not cleaning up afterwards and not watching their kids! The police are here everyday, due to problems...... I am sure The Receiver and staff are aware of all this, they walk the property.... Sorry, but I need to agree only certain areas are being taken care of. ...I see alot of storm doors missing, dogs tied to trees, front and garage lights broken, garage doors dented.....I thought The Receiver was supposed to act as our management till the audit got done?
DeleteSome of these issues like storm doors, garage doors, and coach light are arguably a phase issue. You might want to contact your phase management company and report the issues.
DeleteThe receiver will continue to manage the HOC until the judge releases him. That will likely happen shortly after the election. We still do not have an ETA on the election.
Hoe Owners its time for Change ,New Masterboard ,Management For H.O.C & PHASES WITH ONE MANAGEMENT COMPANY ONE PAYMENT ONE COMPANY THAT WILL BE ACCOUNTIBLE FOR CEDAR RUN !
ReplyDeleteThat is what we are aiming for....a New Master Board & Management Company, but first we need to get through the audit and make sure everyone votes and be heard at the Master Board Election....
DeleteAnything known yet as to what was said Tuesday by The Receiver to Judge Garica'?
ReplyDeleteThe hearing was bumped to monday 9/21. Nobody went to court on the 15th.
DeleteWhat is the excuse now?
ReplyDeleteReportedly the Shaws asked for a continuance prior to the original court date and it was granted (pushed off to Monday). Nothing else is known at this time. Let's hope for some progress at Monday's hearing.
Deleteany up date from Mondays hearing ?
ReplyDeleteStill need some clarification but......
DeleteWe believe that the accountants presented at least some of their findings of their financial review, and the Shaws are disputing it and fighting to keep it from the homeowners.
We'll know more later.
They can fight and dispute all they want, it is our right as homeowners to see and have access to it....I want all homeowners to know that!
ReplyDeleteVery interesting. Yes, indeed it is our right as homeowners! This really has gone on long enough! Where is the light at the end of the tunnel?
ReplyDeleteSlowly coming, the light.... We all just need to hang in there! Stay united!
DeleteGood morning...... Do we know anything more about what was said in court Monday? Again, Thank you for all the updates!
ReplyDeleteNothing more than what we have already reported...which is that the accounting firm has presented at least some of their findings and that the Sher/Shaws are objecting to the findings and preventing it from being disseminated to Cedar Run homeowners.
DeleteCan't elaborate any more than that until we can see some court papers. Please stay tuned.
L.O.L W.T.F.?
ReplyDeleteSounds like they are afraid of the truth coming out, can a homeowner file a petition to see these findings or do we need to wait?
ReplyDeletePetition won't do any good. It is not a public document at this point. If the judge denies the Shaws' efforts to strike the document, then it may become public record. In that case, anybody can get a copy of it.
Deletedid the Sheriff serve sher/shaw the papers ?if not WHY ?
ReplyDeleteTHE PAPERS I MENT ''EVICTION ''ON HIS UNIT ,THANX
ReplyDeleteOddly enough, the court docket shows a judgement for the plaintiff on 9/24 (for only part of what is owed) and an order for possession.
DeleteBut don't read too far into that. The next court date is 11/24. Presumably he'll be given the option to ask for a "stay of enforcement", which will keep him from being removed until he has had a chance to argue his case.
I pray he does not get one, it will be Happy Holidays for alot of Homeowners! A note, he has been seen talking with some of his old staff, that is still employed by The Receiver, on several occasions.....
DeleteWhat does that mean a judgement for the plaintiff and order for possession? and why only part of what is owed? 11/24 why so long? None of this makes any sense at all. This has gone on way too long. Doesn't the court want to wrap cases up as soon as possible? Makes no sense at all. .
ReplyDeleteSorry for not explaining. The last few comments are referring to a separate lawsuit. If you haven't already, go back and read our blog entry from August 21, 2015, entitled "Cedar Run Phase IV vs Robert Sher". Again, this is a separate matter from the Master board, receivership, etc, etc......
DeleteSher was taken to court by his phase association (Phase IV) for unpaid assessments & fees totaling over $7500. He was very elusive in avoiding court representatives (including the Sheriff) that were trying to serve him the court papers. This is what the previous comments were asking about.
Apparently, he was finally served, because the court ruled in favor of the phase association (the plaintiff in the case) and gave them an order of possession. This means that Sher must pay off the judgement by November 24th or face the possibility of eviction from his unit. We're not sure why the judgement amount is less than the full amount, but we will try and find out more.
Again, please read the previous blog entry from August 21 (and the comments) for the entire history. Copy & paste the following into your browser for a direct link:
http://restorecedarrun.blogspot.com/2015/08/cedar-run-phase-iv-vs-robert-sher.html
Currently there is no guest parking in Cedar Run. This is because of the HOC's poorly planned program of selling all the parking spots to anyone who would pay the price. I sincerely Hope the receiver has learned from this mistake and will not continue this practice. The new board will have a hell of a time fixing this problem if he does.
ReplyDeletesuggestion prior to sher/shaw take over the original parking was 1st car in garage 2nd car on driveway 3rd car street with over nite hang tag from 12am to 6am rest of the time we were allowed to park in street because at that time was no signed unit to a spot so to keep it simple I suggest those who have proof of 3 vehicles get a over nite hang tag .again those who have 3 vehicles you no who you are that have cheated over how many years ?I suggest the new masterboard have a zero tolerance on cheaters any one who brings evidence on a unit garage not using garage for vehicle be in violation we don't have a parking problem we have liers.cheaters screwing the system to use garage for storage .you are the problem I am the solution storge units are on rt 83 I suggest you homeowners aquire one for your garbage iany one reporting a homeowner inviolation of the garage rule should be compensated and stiff fine follow same goes for you jack asses who don't pick up your dog poop again you get reported ,fined we need a neighborhood watch team and get everyone to call police if they suspect any activity homeownrs don't be afraid to speak up and complain if your sick of those neighbors not following the rules
ReplyDeleteThis I totally agree with there are so many garages filled with junk,used as a family room-bar etc. this has been going on forever nothing is ever done about it. ALMA sure didn"t. Now people are making their own parking in front of the dumpsters. The neighborhood watch sounds like a good idea.
DeleteAs a homeowner how did I lose the right to park on the street? This is part of the reason the value of units in Cedar Run are artificially low. Has anyone notified WAL-MART that they are the new parking lot for Cedar Run???? I guess I will register 4 cars, pay the 40 bucks, and rent the spaces out at 50 bucks a month like my neighbors are doing. If you can't beat them join them. This will definitely enhance the values in Cedar Run !!!!!!!!!!!!!!!!!!!!!
ReplyDeleteHOMEowners I suggest from the parking complaints you HomeOwners need to make your voices heard anyone using garage as living space -bar need to contact the village as for the Wal-Mart complain again that you would contact the property owner and express your concerns Wal-Mart just leases from the property owner again as for parking in front of dumpsters please pick up the phone call'' 911 non emergency 'as for the parking spaces being rented out that you would have to bring up at the office Again HOME Owners you have a voice use it 'what ever it is we need your in put as for you loosing the right to park on street AGAIN you need 3 vehicles with a over nite pass consult the office Again we need your voices heard your not alone we need to form a neighborhood watch these violaters breaking cedar run rules has to stop or GET$$$$$ FINED $$$$$
ReplyDeleteNeighborhood Watch - You see something odd call the police! Sad to say there is alot of problem people living here in Cedar Run, to get them out of here, we need to keep calling the police when we see something, and NOT BE AFRAID.... Press charges, if it needs to be done.....On the parking, if someone is parked where they should not be, call the police or let the Receiver know( hound him).... Any other issue, let the Receiver know ( again hound him), he was placed here to manage Cedar Run till this audit is done, he is getting paid...Yes...he has done some things, but only where his right hand man shows him too...Let us be that person! Speak up!
DeleteBoy do I feel bad for anyone who serves on the new board. There is no easy solution to the parking issue that Cedar Run has had for about the past 20 years. Nothing will please everybody!! That said, it disgusts me to hear that people are renting out their spots....because it obviously means that they DON'T NEED THEIR SPOT and that they LIED to get street parking privileges. Street parking should only be for those who need it and PROVE that they need it! If people are caught renting out their spot, that rental income should go to the association to help fix the streets.
ReplyDeletePeople can put as much crap in their garages as they want, but ONLY if they just ONE CAR and if they keep that ONE CAR on their DRIVEWAY SPOT!!
Maybe they should charge $50 per month for street parking or however much it costs for a 6 by 10 foot storage space down the street? Maybe even a little more so it's less expensive to use the storage rental place instead of the garage.
DeleteMaybe doing that will free up enough spots for some guest parking.
Who's with me?
use your garage and driveway, extra vehicles, hang tags like before, need more then 1 hang tag_then you pay a fee....also each vehicle needs to be registered to the tag given....
Deletethank you all for excellent comments &concerns the big problem is falsifying that they have 3 vehicles I suggest those who honestly need street parking prove it by opening the garage to see vehicle at any given day or nite if you are honest then you have nothing to worry about or any reason to lie &cheat each person will sign a greement to these rules if found cheating l be fined $500.00 &if they don't pay a lien will go against unit until payment is made wre have to blow the whistle on these liers this is private property so the rules apply to cedar run complex the only save place you can park is on cedar run dr. which the village will be notified on vehicles not moving for long perids of time if any one knows the owner of the chevy trail blazer better move it soon plates are about to expire plus it hasent moved in 3 months with a rear flat tire so the wheeling police dept will be notified as soon the plates go into expiration mode again we all no those vehicles that park in front of no parking sigks etc we need you to make your voice heard call your local non emergency police dept when you have free time walk the property with a pencil&paper write down the problems you see or the violations again the receiver &wheeling police dept need your voice to be able to remove these violations as they happen you dog walkers the same goes for you carry plastic bags &pick up the poop you no who you are any one see someone not pick up after their dog please report them to police give them description &to where they live we all need to also pick up any garbage on the property we all live here so pitch in take a walk with a plastic bag and donate to a good cause thank you all for trying to make cedar run complex a better,save place to live .
ReplyDeleteThese are all good discussions in this thread. We should all try and come up with practical ideas and bring them to the receiver or the new board (if/when we ever get one!) Lotsa good ideas out here.
DeleteRules need to be establish and strictly enforced. Otherwise people will not take them seriously. Less than 3 cars? NO SPOT FOR YOU! Can't prove that all your cars are registered to YOUR Cedar Run address? NO SPOT FOR YOU! Got 3 cars and can prove all of the above? ONE spot for you! Got more than 3 cars....SORRY, ONE Spot for you!
I agree that we should be calling the village/police for any junk or abandoned cars on Cedar Run Drive. I have seen them put tow stickers on them before. And all those work vans that are always parked on CRD.....people have told me that the owners don't live anywhere near Cedar Run......get them outta here!!
$500 is abit harsh! Maybe a notice first, 2nd time a fine of $50, if unit owner has tags, tags are revoked, if garage is being used as storage or living space, the village should be contacted for I believe that is a violation of the village. Also the police have better things to do then go talk with a owner not picking up after their dog, if you see this, report it to The Receiver for now, also anyone caught throwing gabage around..Take pictures and get the address! If they are damaging property, then call the police.
DeleteIf the rules would be enforced like they should, enough people should lose their parking privileges. Those forfeited spots should be converted to official guest parking (temp hang tag required).
DeleteAnd maybe I have no right to say because I don't park on the street, but I think they should charge more money. $40 per year is a drop in the bucket and too low. That's way too cheap if people are renting them for 50 bucks a month. We really need money to fix the pothole-ridden streets.
again why we didn't get the news media involved in here and show the world how bad us homeowners have it concidering every dollar going to H.O.C is being lost in the clouds or in court you got to be kidding ?because homeowners trying to sell can only do it for a $CASH DEAL$ all the lenders are awhere of the law suits in cedar run complex so we are stuck here or we give our unit away for nothing REALLY??? homeowners its time we speak up and demand answers hey if sher/shaw got off not paying and still live here so I guess they did the home work for us and we no the answer stop paying H.O.C the only payment would be to your phase assessment they honestly have nothing to do with court our money goes towards monthly bills again you are all educated adults you decide remember assesments is a pool of homeowners funds to pay nessesary repairs or remodeling we didn't sign up to give ur funds to a law suit ? if that's the case we all should be reimbursed again we had enough and we need to speak up LOUDLY !
ReplyDeleteAgain, thank you for your comment. We do not recommend that anyone stops paying their assessments. As angry and frustrated as we all are, we are still legally obligated to pay. Withholding payment as a form of protest could still result in late fees and collection fees.
DeleteYour mention of Sher/Shaw not paying is an interesting point, but do understand that the court ruled against them and granted an order of possession to the phase association. The "homework" they had done has not gotten them out of anything......it just delayed it. Sher/Shaw have until 11/24 to either pay his balance or face possible eviction. One the Shaw sisters (attorneys) may come to court to defend them, but they have no case and can only delay the inevitable.
Anything new on the last court report from The Receiver?
ReplyDeleteWill be posted online soon. Please stay tuned.
DeleteAny update on what was said, done, etc in court September 21?
DeleteWHY ?the NEWS MEDIA ISENT INVOLVED ? if its all public record than lets get the RECORD OUT TO THE PUBLIC !.
ReplyDeleteNothing the news media can do, sad to say, unless enough Homeowners call them about the issues here.... And, not enough want to.....
DeleteDoes anybody know what is the latest on parking? People continue parking all over the place keep blocking Home Owners garages and keep parking next to the garbage dumpsters. We called the club house, but they are not doing anything. We called Red’s towing and they told us that they cannot do anything about it unless the receivers gives them clear instructions how to proceed and authorization to patrol the streets. What is the receiver doing? It is almost a year and they don’t seem to be doing better than the old master board.
ReplyDeleteI think by your comment it confirms what I have been seeing and saying. The parking program ( if there is one ) is not being enforced and most people see this and are taking advantage of it, and the more they get away with it the worse it will get. The old sher people running the clubhouse is not doing any of us any favors. This is just making it harder for the new board once they get in...
Deletetake a chill pill ! parking problem? call ''wheeling police non emergency ''.
ReplyDeletePolice will only ticket....If you can get a address for the violator give it to the police..... Homeowners need to park in their garage's....... And , yes it is sad That The Receiver seems to follow the old Sher clubhouse staff.....we need to speak up to him, the more, the better!
DeleteNeed a chill pill, check out Quincy, Thyne, Alpine or Lotus cts. Half price on Tuesdays.
DeleteI agree with you, we all should talk to the receiver and have the receiver reinforced a patrol service from Red's Towing. They should be patrolling all the area several times a day and tow any car that is parked wrong or a car that does not have a proper parking sticker. I think this will teach all these people and their rude guests no to park just anywhere.
Deletecall police on illegal parking or crime SP''EAK UP we pay a lot of money to live in this ''complex'' not to mention the Taxes'' !!!
ReplyDeleteAny more on what happened in court 2 weeks ago?
ReplyDeleteLOL? went on a vacation to the bahama's
ReplyDeleteWould you like some cheese with your WHINE?! Give these folks a break. You do realize that they are volunteers running this site on their own time and cost? If they had anything new, I'm sure they would post it.
DeleteGreetings from the sunny bahamas!! (just kidding of course)
DeleteOn a serious note, no need to get hostile. We're still here. Nothing new about the 9/21 hearing, other than what has already been mentioned in previous comments. The accountants submitted their report, and the Shaws are objecting to it. We won't get to see this report until the judge rules on this objection.
We will have the transcripts and receiver's report from the 9/21 hearing posted shortly. Given all the impassioned comments about parking in Cedar Run, you'll definitely want to read through both of these documents.
Thanks everyone for your patience. We're doing all we can to get the information out to you as soon as possible. The previous commenter is correct that we are volunteers. Sometimes our careers and other obligations get in the way, but we make every effort to keep you informed of any major new developments.
I thought the Reader was placed by the judge to maintain Cedar Run till the audit is finished? By the sound and looks if it, one must wonder, who really is. The Receiver or Sher's Ex right hand man. They walk the property, they must see the parking problems, and other issues? And I question why things are going down hill? There was alot of problems with the pool this summer not being opened on time or closed due to equipment problems, the landscape company started out good and now seem to only do a good job in certain areas I see grass replaced in areas that have been damaged by units and not watered by them , but by someone else. I am done by trying to call the office and not have my calls returned and going to the clubhouse to find it locked. What can we do as homeowners to complain about all this? Also, seems information is not being told to you anymore by whoever you get it from. Sorry, but I can almost see another protest and take over.
ReplyDeleteThe receiver was appointed on the notion that his time here would be very temporary (only a few months). If you've read any of the reports, you'll notice that he tried to rely more on the on-site staff as a way to control costs when it became clear that the case would not be resolved quickly. While we can and should appreciate any cost savings, it is a 'double-edged sword', and many homeowners have expressed distaste given the previous affiliation of the on-site staff. Whether we like it or not, the receiver has the authority to make that decision, and we have to live with it. It will be up to the new board to make long-term decisions about staffing.
DeleteDespite all this, the receiver does walk the property himself every Friday.
Most homeowners would argue that the landscaping (excluding tree-trimming), the ponds, dumpsters, and the grounds in general, look remarkably better than they did a year ago.
As for banding together to have complaints addressed....there is power in numbers. We need to report parking and other offenses, especially when we know the responsible unit owner is. An emailed picture is worth a thousand words. You always have the option of calling the village of Wheeling. They can inform you if something falls within their authority.
While their failure to return calls (an experience shared by most homeowners) is unacceptable, try pressing zero to get a live operator. If you have already left a message for someone and the operator tries to transfer you to that same person, tell them you have already left a message but never heard back.
Is this acceptable? NO! But as they say, 'the squeaky wheel gets the oil'.
The sooner we have an election and a new board, the sooner we will be able to address issues like long-term management and rule enforcement.
I'm grateful for any little improvement. Just having the Shaw/Sher group on the ropes is gratifying. I think the judge gave them just enough rope to hang themselves with. It will get better.
ReplyDelete