Eberhardt v. Village of Tinley Park

Plaintiff, an attorney, filed a lawsuit alleging that the defendants violated the Illinois Constitution by enacting an ordinance that required public comments at board meetings to be germane to agenda items. Plaintiff also alleged that defendants violated his federal free speech and due process rights by requested that plaintiff be investigated by the ARDC and that defendants unlawfully appointed outside counsel to represent them. The trial court granted defendants’ motion to dismiss under section 2-619.1 and plaintiff appealed. The appellate court affirmed, finding that the trial court properly dismissed the complaint on the basis that the plaintiff lacked standing to bring the lawsuit. (D.B. WALKER and R. VAN TINE, concurring)