Petitioner filed petition for leave to file a taxpayer action, under section 11-303 of Code of Civil Procedure, alleging that certain general obligation bonds issued by State in 2003 and 2017 were unconstitutional. In determining whether the proposed taxpayer action is supported by a reasonable ground, statute does not expressly preclude the reviewing court from examining the legal merits of the complaint or addressing what are ordinarily considered to be affirmative defenses. Petitioner's 16-year delay in filing as to the 2003 bond authorization statute is unreasonable and supports the application of laches to the complaint. Petitioner also had constructive notice of the dates the bonds were issued by the State. Granting relief to Petitioner would be a de facto default on outstanding bonds that are backed by full faith and credit of the State. The fact that Petitioner request only prospective relief does not preclude the application of laches where he had constructive notice of his legal claims years before filing his action. (GARMAN, THEIS, NEVILLE, M. BURKE, OVERSTREET, and CARTER, concurring.)
Illinois Supreme Court
Civil Court
Bonds