The People ex rel. v. Price 

Illinois Appellate Court
Criminal Court
Elections
Citation
Case Number: 
No. 1-10-2900
Decision Date: 
Wednesday, March 16, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Holding: 
Affirmed.
Justice: 
STEELE
Court properly granted summary judgment to People on its quo warranto complaint, ousting Defendant from three public offices (park district commissioner, alderman, and school board member). Conflicting statutory duties of three offices rendered offices incompatible, and Defendant's service of more than three years in the three offices, and election to offices by voters, did not prevent ouster on basis of incompatibility. Although individual taxpayer originally filed suit, court properly allowed State to intervene as matter of right, and to file amended complaint to correct deficiencies in initial complaint. (QUINN and NEVILLE, concurring.)