Lintzeris v. City of Chicago

Plaintiffs brought an action for declaratory injunctive, and monetary relief challenging the City of Chicago’s authority to enact an ordinance imposing administrative penalties on the owners of impounded vehicles. Plaintiffs argued that the ordinance was an invalid exercise of the City’s home rule authority because it preempted section 11-208.7 of the Illinois Vehicle Code. The circuit court dismissed the complaint and the appellate court affirmed. The Illinois Supreme Court granted the plaintiffs’ petition for leave to appeal and affirmed the judgment of the appellate court, finding that the imposition of a penalty was a valid exercise of the city’s home rule authority and did not constitute a criminal penalty for the purposes of double jeopardy. (NEVILLE, OVERSTREET, and HOLDER WHITE, concurring. CUNNINGHAM, ROCHFORD and O’BRIEN took no part in the decision.)