The First Amendment free speech lawsuit (11c-50046) against Winnebago County and 13 individuals may be expanded to add a “Breach of Contract” violation.
The formal appeal has been filed with a local federal district judge requesting permission to amend the current complaint and add a “Breach of Contract.”
The defense suggested that by not furnishing a left-turn access to Michael Castronovo, the county “might” have created a “Breach of Contract.”
The plaintiff agrees, claiming that in 1993 the county sold him the rights to full access on Harrison Avenue, and then, in 2009, they voted to restrict the access by reconstructing a median in front of his property.
The “pro se” plaintiff (representing himself without a lawyer), missed a filing deadline, and thus had to file the appeal. The defendants in the case (the County of Winnebago, Scott Christiansen, Joseph Vanderwerff, Wayne Vlk, Frank Gambino, Pearl Hawks, Dave Fiduccia, Angie Goral, Kyle Logan, Kay Mullins, Tom Owens, Dianne Parvin, Steve Schultz and Dave Tassoni) would remain the same.
If the court grants the appeal, it would save all parties involved the wasted time and expense of a new lawsuit filed separately. The next court date is scheduled for 1:30 p.m., Oct. 17, on the fifth floor of the new federal courthouse building.
From the June 13-19, 2012, issue