Village of Downers Grove v. Village Square III Condominium Association

Illinois Appellate Court
Civil Court
Municipal Law
Citation
Case Number: 
2022 IL App (2d) 210098
Decision Date: 
Tuesday, June 21, 2022
District: 
2d Dist.
Division/County: 
DuPage Co.
Holding: 
Affirmed as modified.
Justice: 
JORGENSEN

Defendant appealed from trial court judgment finding it guilty of violating the Downers Grove Fire Prevention Code. The appellate court affirmed, finding that the village’s annual testing requirement did not violate defendant's residents' fourth amendment right to be free of unreasonable searches and that defendant's due process rights were not violated when the village initiated court proceedings without first allowing defendant to pursue administrative appeal procedures. The appellate court modified the amount of the fine imposed for failure to comply with the code. (McLAREN and SCHOSTOK, concurring)