Barberis and Dugan
MOUNT VERNON – Former Madison County circuit judge David Dugan improperly ordered Alton to issue a building permit for Ed Hightower’s Sunnybrook apartment project, Fifth District appellate judges ruled on April 28.
They vacated Dugan’s grant of mandamus relief, finding judges can mandate ministerial acts of local governments but not discretionary acts.
That ends the dispute in Madison County, but Sunnybrook remains on Dugan’s docket in U.S. district court.
Sunnybrook sued Alton there in 2018, alleging racial discrimination.
Chief District Judge Nancy Rosenstengel denied a motion to dismiss the suit in 2019, and transferred it to Dugan after he joined the court last year.