Plaintiffs filed action for declaratory and injunctive relief related to Governor's moratoria on residential eviction orders in Illinois during COVID-19 pandemic. All 10 counts seek invalidation of the moratoria, all based on the same operative facts: the Governor's issuance and renewal of the moratoria. Court's dismissal order did not end a separate part of the controversy, but only narrowed the Plaintiffs' possible avenues to achieve this relief. Despite court's inclusion of Rule 304(a) language as to its dismissal of 4 counts of the complaint, court's ruling was not a final and appealable judgment. Appellate court lacks jurisdiction to review court's dismissal of those 4 counsel, and appeal of that issue is dismissed. Court, in balancing the equities, did not err in denying Plaintiffs' motion for preliminary injunction.Court correctly found that State and the public had a strong interest in preserving public health and that these interests weighed substantially in favor of the Governor and outweighed the harm that the moratoria caused Plaintiffs. (WRIGHT, concurring; McDADE, specially concurring.)
Illinois Appellate Court
Civil Court
Forcible Entry & Detainer