Some following current events and legislation (above) have come to realize the blatant abuse of local government power and real estate fraud conducted at partially unincorporated, private Wooster Lake. Abuse of power was clarified when attorneys and legislators in the state legislature from 2007-2008 testified municipalities never had extraterritorial zoning powers to control private lakes which were partially unincorporated, as some Lake County officials had previously been peddling around Lake County. (Testified was Article 11 of the Municipal Code was the controlling statute which already clearly identified extraterritorial zoning was prohibited by municipalities. Cases tried and ruled on by the Illinois Appellate Court also supported this.) For County Commissioner Bonnie Thomson Carter was discovered to have had on record repeatedly lied, provided false legal opinions of municipalities power, and intentionally betrayed her own constituents 14th Amendment rights to due process in order for her to covertly obtain the unlawful ordinance on private Wooster. An ordinance itself which was not only illegal but also was obtained in order to- as Bonnie Thomson Carter admitted on record- to reinforce the phony invalid regulations a already occurring at Wooster Lake (via forged covenants) which Bonnie Carter admits she was fully aware of at that time of asking for the ordinance. Commissioner Carter was covering up or reinforcing the fraud with more illegal activity.
Following the legislatures clarification of the limitations of municipal power in 2008, the village of Round Lake - a village convinced to violate state law on behalf of Bonnie Carter- had had enough of being Bonnie Thomson Carters whipping boy and finally in 2011 wisely rescinded the ill-advised, illegal extraterritorial zoning ordinance over private Wooster. (Ill-advised because their own village attorney had advised them at the onset not to pass it like bully Bonnie Carter wanted.) However,
other municipalities continue today to disregard those clear limitations outlined by the state and continue to usurp their legal authority. Municipalities bordering private Bangs Lake and private Cedar Lake
in Lake County are 2 classic examples. Bangs Lake is in the district of County Commissioner Bonnie Thomson Carter, and Cedar Lake is in the district of ex-County Commisioner Chair and current State Senator Suzi Schmidt: 2 entrenched, career politicians and Republicans in Lake County. Both with known reputations of being bullies to get what they want.
As both private Cedar Lake and private Bangs Lake are also partially unincorporated Lake County, the neighboring municipalities simply do not have and never have had jurisdictional authority from the state of Illinois to be regulating the private lake property of owners located beyond municipal borders
whose rights extend to the entire lake. 65 ILCS 5/7-4-4, 65 ILCS 5/11-13-1 This was the essence of clarification legislation 95-0852, enacted Aug 18, 2008.
Both Cedar Lake and Bangs Lake are legally recognized by the State of Illinois as non-public, or private lakes owned by multiple owners. A 1988 Illinois Supreme Court ruling declared each owner of a private lake by ownership of the lakes bed has the legal right to recreate over the entire body of water. This is the definition of riparian rights, land rights to water and very real part of real estate law in Illinois.
In short, these private lakes are legally privately owned real estate. As properties with legal
access to the private lake are sold by people or developers, they are being sold to buyers under false pretenses: the special restrictions purported and on the books in the unlawful local
government ordinances. Local government officials in Lake County are ignoring state law and perpetuating real estate
This becomes especially interesting when one understands the resale value of lake-access real estate is potentially worth much more when such real estate is accessing a lake that has special restrictions rather than a lake that has none or is open. Expert real estate attorneys have attested to this higher value of real estate regarding lakes with special restrictions. This only makes sense as restrictions can cater to a niche market, simple supply and demand, where there are so very few private lakes with legal,
special restrictions and so many in Lake County which are open.
Since the purported ordinances on private Bangs Lake and private Cedar Lake real estates are not lawful, government officials have been and still are artificially, falsely inflating the values of this real estate with the false, unlawful restrictions. How convenient for developers who are subdividing and selling hundreds of properties with lake access around these lakes! How inconvenient for unsuspecting buyers of real estate!
What is also interesting is the state legislature had to intervene in 2007-2008, clarifying the law.
For the States Attorney in Lake County had refused to prosecute the local officials who were already violating state law. Yet even after the clarification, these local government officials still refuse to comply, and the Lake County States Attorney still continues to turn a blind eye to their extraterritorial ordinances purported over private real estate, fully knowing hundreds of real estate properties are being sold and bought under these pretenses advertised in the local ordinances.
Should it matter, the Lake County States Attorney is a Republican, same as Bonnie Thomson Carter and Suzi Schmidt.
Just how many people have been defrauded by these local government ordinances when purchasing lake-access real estate in Lake County?
Just how many rightful recreationists have been harassed and bullied by these Lake County Commissioners, their pals, or local law enforcement- paid for by the tax payers- simply because they do not comply with the unlawful ordinances?
Just how many developments' associations have been sold a bill of goods?
Just how long will these local officials in Lake County get away with defrauding their own constituents and acting as if they are above state law?