Plaintiffs, a group of franchise motor vehicle dealers and their trade associations, filed a lawsuit challenging the State's granting of a license to two manufacturers of electric vehicles to sell those vehicles directly to consumers. The issue on appeal was whether the Illinois Vehicle Code and the Motor Vehicle Franchise Act, individually or jointly, prohibit manufacturers from obtaining a dealer license to sell their vehicles directly to consumers. The appellate court found that they did not and affirmed a circuit court order granting the defendants’ motions to dismiss, concluding that the General Assembly intended to ensure that new motor vehicles were sold with a manufacturer’s authorization and consent, not to prevent those manufacturers from obtaining a dealer license. The appellate court further found the plaintiffs’ due process and equal protection claims unpersuasive. (ODEN JOHNSON and C.A. WALKER, concurring)
Illinois Appellate Court
Civil Court
Motor Vehicle Franchise Act