Carter v. The City of Alton

Municipal ordinances in four Illinois cities allow local police departments to charge vehicle owners "administrative fee" when their vehicles are impounded or towed. Plaintiffs filed complaints against cities, arguing that ordinances are invalid as fees charged do not bear reasonable relationship to cities' actual administrative costs. Court erred in dismissing cases, as cities failed to assert affirmative matter to preclude cases from going forward; and taking allegations as true, complaints each state basis upon which relief can be granted. (SCHWARM, concurring; MOORE, specially concurring.)