Funkhouser v. City of Granite City

Plaintiff filed a class action complaint against defendant challenging the constitutionality of defendant’s impoundment ordinance, which requires violators to pay an administrative processing fee when their vehicle is used in the commission of certain offenses. The trial court granted defendant’s motion to dismiss and to strike plaintiff’s third amended complaint and plaintiff appealed. On appeal, plaintiff argued that the trial court erred in dismissing the complaint because the defendant’s administrative fee was not rationally related to a legislative purpose, that the ordinance violated his substantive due process rights, and that the voluntary payment doctrine did not bar him from seeking a refund of the fees he paid. The appellate court found plaintiff’s arguments unpersuasive and affirmed, explaining in part that plaintiff failed to establish that the ordinance implicated a fundamental right because the challenge involved only the deprivation of property interests. (MOORE and SHOLAR, concurring)