Catom Trucking v. The City of Chicago

Illinois Appellate Court
Civil Court
Municipal Law
Citation
Case Number: 
No. 1-10-1146
Decision Date: 
Friday, June 10, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Affirmed in part and reversed in part; remanded.
Justice: 
EPSTEIN
Plaintiffs, a trucking company and two of its drivers, filed suit challenging City procedures and regulations for regulating of size and weight limits on City roadways. Plaintiffs' alleged moving violations under Sections of Chicago Municipal Code cannot be administratively adjudicated. Issue of who has jurisdiction over Route 38 is outside scope of Section 2-615, and thus dismissal of declaratory judgment count on that issue was improper. Ordinance authorizes a bond, but does not authorize City to detain overweight vehicles in lieu of bond. (FITZGERALD SMITH and J. GORDON, concurring.)