Illinois Appellate Court
Civil Court
Substantive Due Process
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)