Lewis Gainor takes on Illinois Attorney General Lisa Madigan, the Environmental Protection Agency, and the Lake County State's Attorney. Client cleared of all charges.

 

The People v. John Tarkowski is a landmark case in Illinois criminal and environmental litigation, and a highlight of Chicago environmental attorney Lewis Gainor's career. (John Tarkowski's name has not been removed because the case has been well-publicized for decades.)

 

The scene was set in Wauconda near Lake Barrington, Illinois. Tarkowski was a property owner who had several acres of land near a wetlands area. He was developing the property for a subdivision, but his neighbors did not want him to change the property.

 

Lake Barrington was looking to annex that portion of Wauconda. The property values were going up. Tarkowski's neighbors wanted to keep the wetlands green.

 

The dispute was tangled in the courts since the 1960's, and had persisted until 2006. Previously, Tarkowski had been prosecuted by the United States Environmental Protection Agency (EPA). This time, he was being sued by the Illinois Attorney General and Lake County State's Attorney.

 

Lewis Gainor met Tarkowski when he was arrested by the Lake County Sheriff and charged with violating an Illinois environmental statute. In spite of the civil litigation, Tarkowski had continued developing his land for the subdivision. So this time, Illinois Attorney General Lisa Madigan sought to use the threat of jail to stop his operations.

 

Lewis Gainor appeared on his client's behalf in court and faced the Illinois Attorney General and local prosecutor. The three parties litigated the case for months, with attorney Lewis Gainor filing numerous motions before the trial demanding full disclosure of the evidence.

 

In late May 2007, the case went before a jury of 12 people, all of whom were residents of Lake County. The trial lasted for one week, with the prosecution calling a parade of witnesses, including environmental experts, sheriff's deputies, Lake Barrington trustees, and even witnesses who claimed they saw Tarkowski violating environmental laws in person.

 

Lewis Gainor aggressively questioned the State's parade of witnesses. The trial played out in the Chicago Tribune, the Lake County News-Sun, and the Lake County Daily Herald, on the front page.

 

On May 31, 2007, Lewis Gainor stood before the twelve jurors and made his closing argument. He told them that the case was about money. 'Every witness who came up here and took the stand has something to gain from what happens to Tarkowski's property.'

 

The jury deliberated late into the night, and returned with their verdict: Tarkowski was not guilty of all counts.

 

I remember walking John out to his Lincoln Towncar that night after the verdict came back. It was dark and late. To be honest, I was worried about him driving all the way home from the courthouse. Anyway, he looked at me--and I can't remember exactly what he said--but he shook my hand and said, 'Mr. Gainor, you have more integrity than most men will ever know.' Coming from a man who fought the Germans in World War II and has had the life story he's had, that really meant a lot. I won't forget that moment." - Chicago Environmental Lawyer Lewis Gainor 

 

Click here to read more about John Tarkowski's property from the Illinois Environmental Protection Agency (note that the EPA does not publicize the outcome of the trial).