World Painting Company v. Costigan

Illinois Appellate Court
Civil Court
Injunctions
Citation
Case Number: 
2012 IL App (4th) 110869
Decision Date: 
Thursday, March 29, 2012
District: 
4th Dist.
Division/County: 
Macon Co.
Holding: 
Vacated and remanded.
Justice: 
COOK
Court entered preliminary injunction barring Illinois Director of Labor and Attorney General from enforcing Employee Classification Act, pending outcome of Plaintiff's declaratory judgment action. Trial court's role in adjudicating enforcement actions does not violate separation of powers, as Department does not adjudicate a firm's liability under the Act. Parties agreed to constitutional plan for their interaction during investigation of potential violations of Act. Thus, no due process violations by Department's investigation, and Plaintiff is not entitled to preliminary injunction on basis that Act is facially unconstitutional. (TURNER and STEIGMANN, concurrring.)