DPH Aurora Properties, LLC v. City of Aurora

Plaintiffs filed a four-count complaint against the defendants challenging the validity of the city’s ordinances related to rental properties. The trial court granted the defendants’ motion to dismiss the complaint and plaintiffs appealed. The appellate court affirmed in part, reversed in part, and remanded, finding that the trial court properly dismissed plaintiffs’ facial challenges to the ordinance but that the trial court erred when it dismissed the plaintiffs’ claim that the ordinance was unconstitutional as applied. The court additionally held that under the Tort Immunity Act, the plaintiffs were limited to seeking declaratory and injunctive relief. (JORGENSEN and BIRKETT, concurring)