The hearing on whether or not the Illinois Dept. of Natural Resources will be able to enjoin the Big Creek Drainage District from removing the Diehl dam from the Cache River just below the Long Reach Road bridge continued to today, after a more than 3 week continuance.

The morning started with a very aggressive motion by the attorney for the drainage district, Ron Osmon, who asked the court for a "directed verdict" based on the IDNR's failure to prove that they actually had a valid claim of occupancy to the land. The IDNR had introduced a deed supposedly filed in Marion County, Illinois, and not in Pulaski County, where the land is located, which gave the land previously undisputedly owned by late Dave Diehl, to the Diehl Family Trust. Based on that deed, the IDNR claimed that they had a lease on the land. However, they failed to the produce a copy of the lease.

Considering that the burden of proof was on the IDNR, Osmon argued that the IDNR, without solid proof that they had legal authority to enter the land to rebuild the dam should it be taken out, had no right to be in court to argue that they could stop the drainage district. The judge took it under advisement, and said that, after he finished some yard chores of preparing for the first hard freeze of the season this evening, he would get right on the ruling on that motion and would be prepared in the morning to rule on it. In the meantime, he invited the defense to continue with their case. Anise Corzine, or A.E., as he is commonly called, took the stand on behalf of the defense.

Corzine, a 76 year old man who has been at the forefront of the Cache River preservation movement, and who, in a moment of levity in the courtroom, teased with Osmon about the hearing on the same issue in the mid 1980s when Osmon cross examined Corzine under much different circumstances, went through the history of how he ended up on the stand. Over and over he methodically identified letters and memos that he had written to innumerable agencies, politicians, and organizations, stating his concern about the adverse effects of the sustained unnatural high water levels. Over and over he said "no" when asked if the agencies, politicians, or organizations had answered him.

Isn't it ironic that the person who built the dam originally is not fighting in court to have it removed? And isn't it ironic that the IDNR is willing to spend thousands of dollars of taxpayers money on court when it could have simply answered some letters and begun a dialogue? But these are the republican remnants of 2 dozen years of republican governors in Illinois. They infest the agencies in Illinois, and they continue to make decisions and thwart progressive efforts to reform Illinois state government. The whole lot of them needs to be fired as far as I'm concerned.

The hearing continues tomorrow morning with the IDNR attorney, who has been less than brilliant through all of this, cross examines Corzine. At this point for me, it's like a good novel. I'm hooked and I have to read it to the end. I'll be there and let you know what happens.