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Monday, December 23, 2024

Orland Park man seeks lawsuit declaring trustee candidate O'Brien ineligible over residency status

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The Metra station at Orland Park | orlandpark.org

The Metra station at Orland Park | orlandpark.org

An Orland Park man has petitioned the offices of Illinois Attorney General Kwame Raoul and Cook County State’s Attorney Kim Foxx requesting that they declare Kelly A. O’Brien ineligible to run for the office of Orland Park Trustee.

In a March 15 letter sent to both offices, attorneys for Bernard E. Gorak claimed that O’Brien should be ruled ineligible because she moved into the city after the cutoff date to run.

“In accordance with 735 ILCS 5/18-101 and on behalf of Mr. Gorak, we are requesting that you bring a quo warranto lawsuit seeking a judgment of ouster against Kelly A. O’Brien in the event that she succeeds in the election for one of three Trustee seats available for Village of Orland Park Board,” the letter states.

That rule stipulates that “[a] person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election or appointment. . . .”

Attorneys from the firm of Gardiner, Koch Weisberg & Wrona also detail in the letter Gorak’s claim that O’Brien was registered to vote in Chicago as recently as the March 2018 election and that she appears to have still been receiving mail at her Chicago address even beyond that date.

“For the reasons outlined above, please investigate and bring a lawsuit seeking a judgment of ouster of Ms. O’Brien in the event that she wins the election to become a Trustee of the Village of Orland Park,” the letter continues. “In the alternative, please respond with a letter stating that you decline to bring a lawsuit so that Mr. Gorak can satisfy the requirements of 735 ILCS 5/18- 102 and file the lawsuit [himself].”

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