(Court opinion corrected 11/18/20.) Plaintiff filed complaint seeking declaratory judgment as to lawfulness of Governor's Executive Order 2020-61 (EO61), issued 10/21/20, which imposed restrictions on restaurants in 4 counties, including Kane County. Court erred in granting Plaintiff's motion for temporary restraining order blocking enforcement of EO61 against Plaintiff. In passage of Illinois Emergency Management Agency Act, under which Governor declared that the COVID-19 pandemic constituted a disaster, legislature intended to allow Governor to issue successive disaster proclamations stemming from an ongoing disaster. Trial court miscontrued the Act, and abused its discretion in holding that Governor was without power to make successive disaster proclamations in response to COVID-19 pandemic. (SCHOSTOK, concurring; McLAREN, specially concurring.)
Illinois Appellate Court
Civil Court
Declaratory Actions