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Wed, 21 Sep 2016
Why We Are Appealing
When Cook County Circuit Court Judge Rodolfo Garcia ruled in August to dismiss Pay Now Illinois’ lawsuit against the Governor, Comptroller and seven department heads, he strongly encouraged us to appeal the case expeditiously because of the importance of the issue we are contesting, namely the unlawful impairment, or interference, with the agencies’ constitutional right to a legal remedy for the non-payment of contracts.

We will ask an appellate court to rule on our argument that Illinois’ method for dealing with impaired contracts through the Court of Claims is unconstitutional because that remedy is not available due to the lack of appropriations. As we stated in our May 4 Court filing: “…..the veto removes the very appropriation from which the Court of Claims might grant a legal remedy for the non-payment of these contracts. The defendant Governor cannot veto the appropriations for these contacts and then enter and enforce them, and then act to deny or impair a legal remedy for failure to pay on the ground that there are no appropriations.”

Pay Now Illinois, like other service providers in the State are in varying stages of receiving payment on contracts from the stop gap measure. But that isn’t solving any problems. Not only is there no Fiscal Year 2016 budget, we don’t have one for Fiscal Year 2017. After January 1, we are likely to be in the same place where we have been for the past 15 months – working with no guarantee of payment.

We are appealing our case because Illinois cannot continue to behave in this manner. It is unconstitutional. It is bad business. And it is bad government.

We will be filing our appeals in the near future.
Posted 08:29

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