Judicial Rulings


Illinois Supreme Court


Alderman can be sued
A CHICAGO ALDERMAN convicted in federal court of conspiracy in using his official position to profit from land sales to the city can be sued by a taxpayer, the Supreme Court held in Chicago ex rel. Cohen v. Thomas E. Keane et al. handed down October 1. The opinion was written by Justice Schaefer; Justice Underwood concurred in a separate opinion. The court's action reversed the Cook County circuit court, which had dismissed the suit against former Chicago Aid. Thomas E. Keane and others.

Suing the state
If you are injured by the negligence of a state employee or agent, you cannot sue the state in the circuit court. Instead, you must file a claim in the Illinois Court of Claims. This requirement was upheld as constitutional in Seifert v. Standard, written by Chief Justice Ward and decided September 20.

Revenue officials exonerated
Contempt of court charges against Robert H. Allphin, director of the Department of Revenue, and Philip Mitchell, manager of the department's investigation division, were set aside by the Supreme Court in a decision in O'Leary v. Allphin et al., written by Justice Underwood and handed down October 1. The contempt charges grew out of actions by department agents in halting cars crossing into Illinois from Indiana to find out how many untaxed cigarettes they were carrying, in apparent violation of an injunction by the Cook County circuit court.

Party committees disqualified
Political committees "do not carry the badge of public office" and may not be authorized to make appointments to fill vacancies in county offices, the Supreme Court ruled in People ex rel. Rudman v. Rini, and People ex rel. Craig v. Hardin, written by Justice Kluczynski and handed down October 1. The court invalidated legislation enacted in 1975 which provided for the appointment to fill a vacancy in downstate county offices to be made by the county central committee of the party of which the last incumbent was a member.

"The sovereign power of the State cannot be conferred upon a private person or group but must be delegated, if at all, to some public agency such as a municipal corporation, commission, local board or public officer," the court said.

At stake were positions in Will County (a county board member) and Rock Island County (recorder of deeds). The high courts action had the effect of restoring the former method of appointment — by the county board president with the consent of the board for board vacancies, by the board itself for other county office vacancies.

Tax collection fee voided
Prior to adoption of the new Constitution in 1970, Illinois counties collected taxes for local governments and school districts and charged them a flat percentage fee for this service; in some cases, township collectors were allowed such a fee. The new Constitution outlawed such fees in Article 7, section 9(a), and the legislature cast about for an alternative plan to enable counties to recoup tax collection expenses. The system that was devised, effective October 1, 1974, was to charge back to each local unit its proportionate share of the costs of tax collection.

The Supreme Court, in an opinion handed down October 1, written by Justice Underwood, City of Joliet v. Kent Bosworth, County Treasurer, and Village of Bartonvine v. Edward T. O'Connor, County Treasurer, held the new procedure to be unconstitutional in that it was the kind of fee that was forbidden. The appropriate procedure, the opinion indicated, was for the counties to collect taxes to cover the cost of this county function and not to try to pass the costs along to other local governments. The high court's decision affirmed findings of the Will and Peoria county circuit courts holding the collection charge invalid.

Home rule decisions
The home rule provisions of the Constitution were interpreted in three cases in which decisions were handed down October 1:

— Adoption by a municipality of an ordinance to regulate noise pollution emissions is not valid because, under the Environmental Protection Act, the legislature has recognized that noise pollution control is a matter of statewide concern. City of Des Plaines v. Chicago and Norlh Western Railway Company by Justice Kluczynski.
— Adoption of a municipal admission tax at the rate of 10 cents per person and application of the same to racing meets is a valid exercise of home rule taxing powers, Town of Cicero v. Fox Valley Trotting Club. Inc., by Justice Crebs with concurring opinion by Justice Kluczynski, concurring in part and dissenting in part.
— Legislative bodies of home rule municipalities (councils and boards of trustees) do not have the power by ordinance, in the absence of a referendum or state law, to transfer to themselves the power to appoint certain municipal officials, Robert C. Pechous et al. v. Myrtle D. Slawko et al., Fred M. Dumke et al. v. Lester E. Anderson et al. The cases involved the city of Berwyn and the village of Oak Lawn.

Late budget okay
June 30 is the statutory deadline for the Regional Transportation Authority (which embraces a six-county area in northeastern Illinois) to adopt its annual budget. This year a political squabble prevented the board from acting until July 19. The Supreme Court, in Goodman et al. v. RTA, handed down October 1 and following an order issued earlier, said that the belated budget was valid. Justice Goldenhersh asserted that "although adoption of the budget ordinance by June 30, 1976, was mandatory, the General Assembly did not intend that failure to do so for a period of 19 days would render the ordinance invalid." The decision affirmed the earlier finding of the Cook County circuit court.

Voting on school matters a privilege
Nobody has a constitutional right to vote on public school matters, the court said in deciding a case on community college district referendum provisions, Spaulding v. Illinois Community College Board written by Justice Ryan, decided September 20.

The case involved legislative acts that gave a right to referendum on annexation of noncollege district territory to an existing college district but withheld it where a new district was being formed from noncollege district territory.

Conflict of interest question
A tenant in a city housing authority has an "interest" in the property and therefore is not eligible to serve as a housing commissioner, the court said in Brown v. Kirk by Justice Schaefer, decided September 20.

Bank share tax okay
The personal property tax on shares of bank stock owned by corporations is valid, the court held in Bancorporation v. Korzen by Justice Underwood, decided September 20.

Electronic banking appeal lost in U.S. Supreme Court


The U.S. Supreme Court on October 4 refused to hear appeals by two Chicago banks from a decision by the U.S. Court of Appeals, Seventh Circuit, holding that use of an off-premises electronic banking system was a form of branch banking forbidden by Illinois law.

December 1976/ Illinois Issues / 29


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