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Wednesday, July 28, 2021

Court Upholds Chicago's Impoundment Ordinance

In Lintzeris, Moraitis, Jossell, and Daniels v. City of Chicago, five individuals filed suit against the City of Chicago after their vehicles were impounded by the City. They challenged the validity of the City’s impoundment ordinance and administrative hearing procedures. 

After the trial court ruled in the City's favor, the plaintiffs appealed. On appeal, plaintiffs argued that the City's impoundment ordinance was preempted by a section of state statute governing vehicle impounds and procedures, and claimed that the City was prohibited from charging fines not provided for in state statute. The appellate court disagreed, finding that home rule municipalities have authority to impose fines in addition to those provided for in state statute. The appellate court also rejected plaintiffs' argument that the City’s impoundment ordinance procedural requirements were inconsistent with state statute. 

Post Authored by Dan James & Julie Tappendorf, Ancel Glink


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