Plaintiff, a township road district, sued governor, seeking declaratory judgment that article 24 of Township Code, titled "Dissolution of Townships in McHenry County, violates the special legislation clause of the Illinois Constitution. Plaintiff established that application of the public interest exception is warranted, as this is a matter of public importance, and encompasses a question of election law, which is inherently a matter of public concern sufficient to invoke the public interest exception to prevent uncertainty in the electoral process. It is possible that, before a challenge to the constitutionality of article 24 is resolved, a referendum to dissolve a township could be approved and that the township's assets could be transferred to the county. (ZENOFF and BIRKETT, concurring.)
Illinois Appellate Court
Civil Court
Municipalities