PONTIAC - A lawsuit that claims Gov. Rod Blagojevich cannot legally close Pontiac Correctional Center should be dismissed, according to a motion the Illinois attorney general's office filed Tuesday. | Read the motion (PDF) | Read the motion's memorandum (PDF) | More on the lawsuit

The lawsuit contends the state cannot close the prison because the 2008-09 state budget contains money to operate it, but Attorney General Lisa Madigan's office disagrees. She argues the money may be in the budget, but the Department of Corrections can choose not to spend it that way.

"Defendants cannot be compelled to spend appropriated funds in any particular manner, unless the General Assembly passes those restrictions in a separate piece of legislation," her office said in a memo supporting the dismissal motion. "Plaintiffs do not plead, nor is there any suggestion, that there is such a separate legislative enactment."

The motion was filed Tuesday in Livingston County Circuit Court, but a hearing date on it has not been set.

It was in response to a lawsuit filed in mid-September by American Federation of State, County and Municipal Employees Council 31, local elected officials and eight people who are either prison employees or their families.

The union rejected Madigan's reasoning and said it has precedent on its side.

"We think it's clear that (Blagojevich) and his departments have to comply with the budget, which he himself signed, and it directs the Department of Corrections to operate Pontiac throughout the fiscal year," Lindall said.

A similar lawsuit filed in 2002 when then-Gov. George Ryan attempted to close Vienna Correctional Center succeeded in keeping the prison open, AFSCME Council 31 spokesman Anders Lindall said.

"We wouldn't have brought the suit if we weren't confident that the law was on our side," Lindall said.

In early May, Blagojevich announced plans to close Pontiac prison and move half of the inmates to a mostly unused facility in Thomson and the other half to other state prisons.

The state estimates the move will save it about $4 million a year, but local officials have said the savings are overstated and the closing would cost the local economy about $54 million.

Local officials criticized Madigan's motion.

"This is expected," state Sen. Dan Rutherford, R-Chenoa, said. "This administration is prone to continue fighting on various other litigations brought against them. This procedure is in pattern with this administration's continuing efforts. I'm not surprised."

Pontiac Mayor Scott McCoy said: "It's a typical legal move to go for a dismissal so you don't have to answer the charges. We kind of expect it, but we will see what the court says."