Kankakee Times

A Kankakee County judge ruled on May 14 that most claims in a lawsuit filed by Concerned Citizens of Manteno against Gotion Inc. and the Village of Manteno can proceed. The ruling is seen as a significant step in the legal battle over Gotion’s proposed battery plant and its potential use of toxic chemicals.

During the hearing, Judge Lindsay Parkhurst of the 21st Judicial Circuit highlighted issues with the availability of information related to the proposed lithium-ion battery plant, particularly regarding the handling of chemical use disclosures.

The lawsuit challenges the village’s 2023 decision to rezone a former Kmart distribution site from light to heavy industrial use for the project, which would house a lithium-ion battery plant operated by Gotion. Gotion’s corporate bylaws also acknowledge ties to the Chinese Communist Party.

Attorney Robby Dube, representing Concerned Citizens of Manteno, commented on the court's ruling.

“Everything that Gotion tried to do, they lost on, and the village lost as well,” Dube said in a video interview posted to the Facebook page of former politician and radio host Jeanne Ives. 

“Their rezoning claim against the village is going forward,” said Dube.

In a 24-page decision, Judge Parkhurst allowed seven of the ten claims brought by the plaintiffs to proceed, denying motions to dismiss.

The judge also noted that the plaintiffs had not provided specific constitutional or statutory provisions to support certain aspects of the rezoning challenge; the remaining claims were found to have sufficient grounds to move forward.

Several claims were dismissed for lacking a sufficient legal basis.

“The court will not accept general conclusions of law and fact, but requires specific factual allegations,” Parkhurst wrote. “The allegations in Count X primarily focus on Village’s purported failure to comply with its own ordinances, which, under Illinois law, is insufficient to state a claim for relief. The Court finds Plaintiffs did not plead the necessary statutory or constitutional violations to sustain Count X.”

Among the surviving claims are allegations that the plant would use chemicals that are not allowed under local code.

“What happened is we've had our nuisance claim claiming that the Gotion plant is dangerous—that the lithium and the NMP and all the other chemicals are a threat to the environment along with the national security concerns—and that they shouldn't be allowed to operate,” Dube said.

Gotion had argued the lawsuit was premature because the plant is not yet operating and that the chemicals in question are not classified as “highly toxic” under local code. The court disagreed, stating that plaintiffs are not required to wait until the plant begins operations to bring legal objections.

“Gotion tried to get rid of all that. The court said, no, not only am I letting this go through, but (Parkhurst) made repeated statements that these are dangerous chemicals, that these are fire risk,” Dube said. “And while she didn't say it, you can read between the lines. Gotion, good luck proving your case, because I don't trust these chemicals are going to be safe.”

Critics of the project have also raised concerns about a lack of transparency surrounding the battery plant deal, which was approved under former Mayor Tim Nugent.

Manteno Mayor Annette LaMore, who was supported by Concerned Citizens of Manteno, declined to sign a non-disclosure agreement during a visit to Gotion’s facility. Her position contrasts with Nugent’s, whose silence on the project prompted speculation he had signed an NDA.

Critics argue that the previous administration pushed the project forward without transparency or meaningful community input.

In court, Gotion argued that plaintiffs should have been aware of a temporary occupancy permit issued in 2024, which included a review of four chemicals. Dube challenged that argument.

“They said, ‘oh, well, you should have known about this secret process that no one knew about and now you can't stop us from using highly toxic chemicals and toxic chemicals.’ And the judge said, ‘absolutely not,’” Dube said. “Think of how terrible that would be if our public officials could continue to keep things secret from us and then use that to say, well, you should have known that.”

David Bergdahl, co-counsel for Concerned Citizens of Manteno, echoed concerns over transparency.

“The judge was very unhappy to learn that there was no public notice initially,” Bergdahl said. “They had to get it through FOIA. Gotion was trying to use that against us. And the judge blatantly said, "You can't hide it and then try to hold it against them.”

Dube also targeted the village’s actions in rezoning the property. 

“The village, they rezoned improperly,” he said. “They forced through this in a meeting that never took any of the citizens' concerns to heart. They basically forced it through to try to get the rev agreement with Illinois.”

The court dismissed three claims, including those involving allegations of spot zoning, contract zoning and a violation of the Legislative Act.

Despite the dismissals, the plaintiffs view the ruling as a strong endorsement of their case.

“This is going on across the country,” Dube said. “It’s citizen groups who rise up and say, no, I’m not going to let you endanger my community. I’m not going to let you endanger my children. I’m going to fight for this.”

He framed the ruling as part of a broader national pushback against industrial projects.

“Over and over again, citizens stand up in a very proud American tradition of saying, ‘No, I know what’s best for my community. The government doesn’t get to say what it is.’ And these big businesses getting all of our tax dollars don’t get to say what it is,’” Dube said.

Dube also raised concerns about the use of public funding to support Gotion. The company has received $125 million in taxpayer-backed incentives and is eligible for up to $8 billion in subsidies, despite the plant’s projected construction cost of just $2 billion.

“The villagers have to pay to stop the village from taking away their rights,” he said. “They have to pay to stop Gotion.” 

The next court date is scheduled for July 9.