People ex rel. Madigan v. Stateline Recycling, LLC

Illinois Appellate Court
Civil Court
Discovery
Citation
Case Number: 
2018 IL App (2d) 170860
Decision Date: 
Thursday, December 27, 2018
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Reversed; vacated; remanded with directions.
Justice: 
HUDSON

Court found Defendant in "friendly contempt" for failing to comply with a discovery order which requires that she allow Illinois Attorney General (AG) and Illinois EPA to inspect her commercial property pursuant to AG's discovery request. AG's discovery request seeks unrestricted access to the property, requesting an actual search of the site, not just a constructive search for information. Circuit court erred in failing to require that AG, at a minimum, meet the 3-part test, set forth in U.S. Supreme Court's 1987 decision in New York v. Burger, for a warrantless inspection of a closely regulated business. Court erred in failing to consider 4th amendment principles at all in compelling Defendant's compliance with unrestricted search of her property, and in failing to place any limits on time, place, and scope of inspection as contemplated by Burger decision.  (BIRKETT and BURKE, concurring.)