Last year, an appellate court upheld the dismissal of a challenge to the City of Chicago's red light camera ordinance. Keating v. City of Chicago, 2013 IL App (1st) 112559-U. The case made its way to the Illinois Supreme Court, which last week dismissed the appeal because 2 of the Justices recused themselves, and the remaining Justices were divided so it was impossible to obtain the concurrence of 4 Justices required to render a decision. Keating v. City of Chicago, 2014 IL 116054.
The plaintiffs claimed that the City lacked authority to enact the ordinance and that the ordinance was unconstitutional because it was enacted pursuant to a statute that violated the constitution as special legislation. The City had filed a motion to dismiss, arguing that the plaintiffs did not have standing to challenge the ordinance and that the ordinance was validly enacted. Both the trial court and the appellate court dismissed the case. The appellate court held that Chicago's red light camera ordinance was validly enacted based on its home rule powers. The court also held that the statutory authorization was not special legislation, although it applied only to eight counties specially identified in the statute.
The opinion does not explain why Justice Burke and Justice Karmeier recused themselves.
Post Authored by Julie Tappendorf