Carter v. City of Alton

Illinois Appellate Court
Civil Court
Substantive Due Process
Citation
Case Number: 
2025 IL App (5th) 240289
Decision Date: 
Thursday, June 26, 2025
District: 
5th Dist.
Division/County: 
Madison Co.
Holding: 
Affirmed.
Justice: 
McHANEY

Plaintiff filed a class action lawsuit against defendant challenging the constitutionality of defendant’s impoundment ordinance, which required violators to pay an administrative processing fee when their vehicle was used in the commission of certain offenses. The trial court granted defendant’s motion to dismiss plaintiff’s amended complaint and plaintiff appealed. The appellate court affirmed, finding that plaintiff failed to make a claim of a valid substantive due process violation by failing to establish either that state law remedies were inadequate or that there was an independent constitutional violation. (MOORE and BOIE, concurring)