Lintzeris v. City of Chicag

This case presents question as to whether Dist. Ct. properly granted defendant’s motion to dismiss plaintiff’s action, alleging that Chicago’s Impoundment Ordinance violated Preemption Clause of Illinois Constitution, where said Ordinance imposed penalty for violation of various criminal offenses involving use or operation of vehicles, and where plaintiffs alleged that said Ordinance was preempted by section 11-208.7 of Illinois Vehicle Code. Appellate Court, in affirming trial court, found that Ordinance was not preempted by section 11-208.7 of Vehicle Code, where said section did not contain express language that prohibited imposition of fees for underlying violations. In their petition for leave to appeal, plaintiffs argued that fees and penalties provided for in Ordinance went beyond what Chapter 11 of Vehicle Code allowed for home rule units to recover.