Summary
The Illinois Supreme Court reviewed a circuit court judgment declaring section 5–1121 of the Counties Code unconstitutional in a county demolition action. Following its decision in Village of Lake Villa v. Stokovich, the court vacated the circuit court’s judgment and remanded for reconsideration.
Topics
Practice areas
Questions Presented
- Whether the circuit court properly declared section 5-1121 of the Counties Code unconstitutional based on the appellate decision in Village of Lake Villa v. Stokovich.
- Whether the circuit court's judgment should be vacated and the matter remanded for reconsideration in light of the Illinois Supreme Court's intervening decision in Village of Lake Villa v. Stokovich.
Holdings
- Because the circuit court's apparent constitutional ruling was based at least in part on the subsequently superseded appellate decision in Village of Lake Villa v. Stokovich, the circuit court's judgment must be vacated and the case remanded for reconsideration in light of the Illinois Supreme Court's Stokovich decision.
Key quotations
“For the reasons that follow, we vacate the judgment of the circuit court.”
“We, therefore, vacate the judgment of the circuit court and remand for reconsideration in light of our decision in Stokovich”
Factual background
St. Clair County sought authorization under section 5-1121 of the Counties Code to demolish structures at 128 Arlington Drive and 132 Arlington Drive in Belleville, Illinois. The County also sought recovery of demolition, rehabilitation, court, and attorney-fee costs. The property-interest holders challenged the statute's constitutionality, arguing that it paralleled the municipal demolition statute invalidated by an appellate decision on due process and takings grounds.
Procedural history
The County filed a petition seeking authorization to demolish structures in Belleville and recover demolition-related costs. After defendants moved to dismiss on the ground that section 5-1121 was unconstitutional, the circuit court granted the motion and declared the statute unconstitutional. While the appeal was pending, the Illinois Supreme Court upheld the analogous municipal demolition statute in Village of Lake Villa v. Stokovich. The Supreme Court of Illinois vacated the circuit court's judgment and remanded for reconsideration in light of Stokovich.
Remand instructions
Vacate the circuit court's judgment and remand for further proceedings and reconsideration in light of Village of Lake Villa v. Stokovich, 211 Ill. 2d 106 (2004).