Illinois Road and Transportation Builders Association v. County of Cook

Illinois Supreme Court
Civil Court
Home Rule Authority
Illinois Constitution
Citation
Case Number: 
2022 IL 127126
Decision Date: 
Thursday, April 21, 2022
Holding: 
Appellate court judgment affirmed in part and reversed in part.
Justice: 
GARMAN

Plaintiffs, a coalition of contracting firms in the public transportation construction and design industry, filed suit for declaratory and injunctive relief against Cook County alleging that the county was diverting revenues generated from transportation-related ordinances in contravention with the Safe Roads Amendment to the Illinois Constitution. The circuit court dismissed, finding the plaintiffs lack standing. The appellate court reversed on the issue of standing, but affirmed the circuit court’s determination that there had been no violation. The Illinois Supreme Court affirmed in part and reversed in part, finding that the plaintiffs had associational standing to bring the action, that the County’s interpretation of the Amendment was not reasonable, and that the Amendment properly limited the power of home-rule units in the context of transportation spending. The court reversed the circuit court’s dismissal of the complaint and remanded for further proceedings. (ANNE M. BURKE, NEVILLE, MICHAEL J. BURKE, OVERSTREET, and CARTER, concurring. THEIS, dissenting.)