Judicial Rulings

Appellate Court, 4th Judicial Circuit, Sangamon County

Citizens may sue over race track stock
Leonard Fuchs and Businessmen for the Public Interest v. Arthur J. Bidwell. Clyde W. Choate, A. L. Cronin, Clyde Lee, John W. Lewis, Jr., Robert T. McLoskey, William J. Murphy, Barbara Peters, Executor of the Estate of Everett R. Peters, Deceased, and Lillian H. Pollack. Sole Legatee under the Will of William E. Pollack, deceased

A BUSINESSMAN filed a citizen-taxpayer suit in a Sangamon County Circuit Court seeking an accounting and trust imposition against a number of named Illinois legislators for monies and/or race track stocks they allegedly received in exchange for their votes on matters dealing with the licensing, regulating, and taxing of horse racing within the State. The trial court dismissed the action.

The Appellate Court, in a 2-1 decision with Judge James C. Craven dissenting, reversed. In issuing their opinion, the court chose to rule on three significant issues. The majority held that the complaint as stated by the plaintiffs was sufficient as a matter of law. Citing a New Jersey decision, the court stated that legislators "stand in a fiduciary relationship to the people by whom they have been elected and appointed to serve." In addition, the majority also held that the plaintiffs had standing to sue. Finally, the court ruled that the bringing of such suits is not limited by statute to the attorney general. /'C. P. R.

Circuit Court, 1st Judicial District, Cook County

Caveat vendor
Cheker Oil Co. v, Illinois Department of Agriculture

UNDER THE terms of a stipulation filed in circuit court in Cook County, gasoline dealers within the state will have to clearly specify for customers whether or not their posted prices include the relevant sales tax. This stipulation grew out of a controversy involving several northern Illinois gasoline firms which posted gasoline pump prices but did not include the sales tax. These dealers added on the required sales tax to the price appearing on the pump after the sale.

Under the provisions of the stipulation gasoline retailers will have the option of posting prices with the legend "all taxes included" or "+ sales tax." To insure visibility by the public such postings will be required to be displayed in easily readable script. This policy went into effect October 15, 1975/C.P.R.