The State Supreme Court has upheld a decision made in Lake County Circuit Court regarding the Lake County Commission’s handling of two drainage permits. The state Supreme Court filed the decision this week in the case of James Carmody versus the Lake County Commission, in regards to drainage permits that the commission, acting as the county’s Drainage Board, approved for Steven Carmody and Edward Becker in November of 2017 and February of 2018. James Carmody had objected to both permits during hearings held during the commission’s meetings, and then appealed the commission’s decisions to circuit court. According to the Supreme Court, the circuit court, following a trial, applied the abuse of discretion standard of review and affirmed the commission’s approval of the drainage permits. Carmody then appealed that decision to the state Supreme Court. The Supreme Court concluded that the circuit court applied the correct standard of review to James Carmody’s appeal of the drainage permits. In the decision, three of the Supreme Court justices concurred and two dissented.
Carmody vs. Lake County Board of Commissioners