Richard T. Kopec v. City of Elmhurst, a Municipal Corporation, and Board of Fire and Police Commissioners of the City of Elmhurst

This case raises an intricate question of statutory interpretation, but if one works through it carefully the answer is reasonably clear; it is not the answer the court gives; and it requires reversal. The court says in a footnote that the appellant did not make the right argument for reversal and so has waived it. If he had waived it, this would be a solid ground for affirming the appeal, but not for analyzing the issue incorrectly, as the court proceeds to do. And he didn’t waive it. He devoted eight pages of his opening brief and five pages of his reply brief to the argument that he…