laches doctrine in Illinois

2021In addition, support for the position that laches may be applied, even if the issue is one concerning defective service and allegedly void orders, is also found in Slatin’s Properties, Inc. v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, laches will bar this right even within the statutory period of limitation”); In re Jamari, 2017 IL App (1st) 160850, ¶ 55 (“ ‘Illinois cases recognize that even if service of process is defective

2020See, e.g., Slatin’s Properties v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, [l]aches will bar this right even within the statutory period of limitation”); In re Jamari R., 2017 IL App (1st) 160850, ¶ 55 (“ ‘Illinois cases recognize that even if service of process is defective[,] an attack on a decree may be barred by laches. [Citation.] It is basic to the laches doctrine that a complainant may be barred when, after ascertaining

2020We note, depending on the facts in question, the doctrine of laches may apply “although the time fixed by the statute of limitations has not expired.” Sundance Homes, Inc. v. County of Du Page, 195 Ill. 2d 257, 270 , 746 N.E.2d 254, 262 (2001).

2020We note, depending on the facts in question, the doctrine of laches may apply “although the time fixed by the statute of limitations has not expired.” Sundance Homes, Inc. v. County of Du Page, 195 Ill. 2d 257, 270 , 746 N.E.2d 254, 262 (2001).

2026“The laches defense ‘bars claims by those who neglect their rights to the detriment of others.’ ” IP Plaza, 2011 IL App (4th) 110244, ¶ 44 (quoting People v. Wells, 182 Ill. 2d 471, 490 (1998)). ¶ 17 “Generally, a party asserting the defense of laches must prove (1) the lack of due diligence by the party asserting the claim, and (2) prejudice to the party asserting the defense.” Id. ¶ 45.

2011The laches defense "bars claims by those who neglect their rights to the detriment of others." People v. Wells, 182 Ill.2d 471, 490 , 231 Ill.Dec. 311 , 696 N.E.2d 303, 312 (1998).

2020See, e.g., Slatin’s Properties v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, [l]aches will bar this right even within the statutory period of limitation”); In re Jamari R., 2017 IL App (1st) 160850, ¶ 55 (“ ‘Illinois cases recognize that even if service of process is defective[,] an attack on a decree may be barred by laches. [Citation.] It is basic to the laches doctrine that a complainant may be barred when, after ascertaining

2020See, e.g., Slatens Property v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, [l]aches will bar this right even within the statutory period of limitation.”); In Re Jamari, 2017 Ill. App. (1st) 160850, ¶ 55 (quoting Rodriguez, 57 Ill. App. 3d at 361-62 ) (“ ‘Illinois cases recognize that even if service of process is defective an attack on a decree may be barred by laches. [Citation.] It is a basic to the laches doctrine that a compl

2023In general, “[s]tatutes of limitations, applicable in legal actions, are not directly controlling in suits seeking equitable relief.” Meyers v. Kissner, 149 Ill. 2d 1, 12 (1992).

2022Laches is “ ‘a neglect or omission to assert a right, taken in conjunction with a lapse of time of more or less duration, and other circumstances causing prejudice to an adverse party, as will operate to bar relief in equity.’ ” Sundance Homes, Inc. v. County of DuPage, 195 Ill. 2d 257, 270 (2001) (quoting Meyers v. Kissner, 149 Ill. 2d 1, 12 (1992)).

2020See, e.g., Slatin’s Properties v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, [l]aches will bar this right even within the statutory period of limitation”); In re Jamari R., 2017 IL App (1st) 160850, ¶ 55 (“ ‘Illinois cases recognize that even if service of process is defective[,] an attack on a decree may be barred by laches. [Citation.] It is basic to the laches doctrine that a complainant may be barred when, after ascertaining

2020See, e.g., Slatens Property v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, [l]aches will bar this right even within the statutory period of limitation.”); In Re Jamari, 2017 Ill. App. (1st) 160850, ¶ 55 (quoting Rodriguez, 57 Ill. App. 3d at 361-62 ) (“ ‘Illinois cases recognize that even if service of process is defective an attack on a decree may be barred by laches. [Citation.] It is a basic to the laches doctrine that a compl

2025See, e.g., Pyle, 12 Ill. 2d at 555 (finding that when the appellant waited 15 years to assert himself against a tax title and the grantee of the tax deed died before the cause could be heard, “important evidence on the issue of possession under the tax deed was lost,” which pointed to “the inequity of granting relief”); James v. Frantz, 21 Ill. 2d 377, 382 (1961) (finding that the combination of appellant’s delay in bringing suit and the death of critical witnesses barred the action based on the doctrine of laches, reasoning that “[i]f the present attack were permitted,” it would “seriously pr

1990(Pyle v. Ferrell (1958), 12 Ill. 2d 547, 552 , 147 N.E.2d 341, 344 .) Courts of equity have considered the following factors to determine whether the doctrine of laches applies: (1) conduct by the defendant giving rise to the situation of which complaint is made and for which complainant seeks a remedy; (2) delay in asserting the complainant’s rights; (3) lack of knowledge or notice on behalf of the defendant that the complainant would assert the right on which he bases his suit; (4) injury or prejudice to the defendant in the event relief is accorded to the complainant or the suit is held not

2025Under the laches doctrine, “a complainant may be barred when, after ascertaining the facts, he fails promptly to seek redress.” Rodriguez v. Koschny, 57 Ill. App. 3d 355, 361-62 (1978).

2021In addition, support for the position that laches may be applied, even if the issue is one concerning defective service and allegedly void orders, is also found in Slatin’s Properties, Inc. v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, laches will bar this right even within the statutory period of limitation”); In re Jamari, 2017 IL App (1st) 160850, ¶ 55 (“ ‘Illinois cases recognize that even if service of process is defective

2023The doctrine of laches is “grounded in the equitable notion that courts are reluctant to come to the aid of a party who has knowingly slept on his rights to the detriment of the opposing party.” Tully v. State, 143 Ill. 2d 425, 432 (1991). 8 ¶ 33 “Whether laches is available as a defense is determined by the facts and circumstances of each case.” Kampmann, 2019 IL App (5th) 180043, ¶ 14 .

2022Tillman, 2021 IL 126387, ¶ 27 (delay in challenging the constitutional claim resulted in the application of laches); Tully, 143 Ill. 2d at 433-34 , (delay in asserting a constitutional challenge for over a year barred by laches); Tolbert v. Godinez, 2020 IL App (4th) 180587, ¶ 27 (determining that constitutional claims are not precluded from a laches defense); Southside Fair Housing Committee v. City of New York, 928 F.2d 1336, 1356 (2d Cir. 1991) (holding that the doctrine of laches can bar a constitutional claim); Fundamental Church of Jesus Christ of Latter-Day Saints v. Horne, 2012 UT 66,

2020Courts are reluctant to impose laches on government entities, and the doctrine should only be applied against them under “ ‘compelling,’ ‘unusual[,] or extraordinary circumstances.’ ” City of Countryside v. City of Countryside Police Pension Board of Trustees, 2018 IL App (1st) 171029, ¶ 65 (quoting Van Milligan v. Board of Fire & Police Commissioners of the Village of Glenview, 158 Ill. 2d 85, 90 (1994)). “[T]he nonaction of government officials will not support a laches defense.” Wabash County v. Illinois Municipal Retirement Fund, 408 Ill. App. 3d 924, 933 (2011).

2014Here, the “affirmative matter” was that the lawsuit was barred under the equitable doctrine of laches, which “precludes a litigant from asserting a claim when an unreasonable delay in raising the claim prejudices the other party.” Wabash County v. Illinois Municipal Retirement Fund, 408 Ill.

2020Courts are reluctant to impose laches on government entities, and the doctrine should only be applied against them under “ ‘compelling,’ ‘unusual[,] or extraordinary circumstances.’ ” City of Countryside v. City of Countryside Police Pension Board of Trustees, 2018 IL App (1st) 171029, ¶ 65 (quoting Van Milligan v. Board of Fire & Police Commissioners of the Village of Glenview, 158 Ill. 2d 85, 90 (1994)). “[T]he nonaction of government officials will not support a laches defense.” Wabash County v. Illinois Municipal Retirement Fund, 408 Ill. App. 3d 924, 933 (2011).

2003The doctrine of laches is applied “when a party’s failure to timely assert a right has caused prejudice to the adverse party.” Van Milligan v. Board of Fire & Police Commissioners, 158 Ill. 2d 85, 89 , 630 N.E.2d 830, 833 (1994).

2004The supreme court has held that, in the context of a laches defense to a claim for a support arrearage, “ ‘a spouse is not injured because he is forced to pay the accumulated support in one lump sum as opposed to weekly payments as ordered.’ ” Blisset, 123 Ill. 2d at 170 , quoting Finley v. Finley, 81 Ill. 2d 317, 330 (1980).

2004The supreme court has held that, in the context of a laches defense to a claim for a support arrearage, " 'a spouse is not injured because he is forced to pay the accumulated support in one lump sum as opposed to weekly payments as ordered.' " Blisset , 123 Ill. 2d at 170, quoting Finley v. Finley , 81 Ill. 2d 317, 330 (1980).

2025See People v. Bounds, 182 Ill. 2d 1, 5 (1998) (finding the trial court violated the defendant’s right to procedural due process where it failed to provide notice to the defendant that it would be ruling on the State’s motion to dismiss at the next court date and where the defendant had yet to file his amended petition); People - 18 - v. Kitchen, 189 Ill. 2d 424, 435 (1999) (finding procedural due process violated where “defense counsel went to court prepared for one type of proceeding, only to be surprised when the trial court, without prior notice, reached the merits of the petition and denie

2023“A summons may be served on the minor’s parent personally, by certified mail, or by publication.” Id. ¶ 34 “ ‘The laches doctrine may be invoked to preclude the assertion of parental rights.’ ” In re Jamari R., 2017 IL App (1st) 160850, ¶ 53 , 82 N.E.3d 109 (quoting In re Adoption of Miller, 106 Ill.

2022Tillman, 2021 IL 126387, ¶ 27 (delay in challenging the constitutional claim resulted in the application of laches); Tully, 143 Ill. 2d at 433-34 , (delay in asserting a constitutional challenge for over a year barred by laches); Tolbert v. Godinez, 2020 IL App (4th) 180587, ¶ 27 (determining that constitutional claims are not precluded from a laches defense); Southside Fair Housing Committee v. City of New York, 928 F.2d 1336, 1356 (2d Cir. 1991) (holding that the doctrine of laches can bar a constitutional claim); Fundamental Church of Jesus Christ of Latter-Day Saints v. Horne, 2012 UT 66,

2022Tillman, 2021 IL 126387, ¶ 27 (delay in challenging the constitutional claim resulted in the application of laches); Tully, 143 Ill. 2d at 433-34 , (delay in asserting a constitutional challenge for over a year barred by laches); Tolbert v. Godinez, 2020 IL App (4th) 180587, ¶ 27 (determining that constitutional claims are not precluded from a laches defense); Southside Fair Housing Committee v. City of New York, 928 F.2d 1336, 1356 (2d Cir. 1991) (holding that the doctrine of laches can bar a constitutional claim); Fundamental Church of Jesus Christ of Latter-Day Saints v. Horne, 2012 UT 66,

2023“A summons may be served on the minor’s parent personally, by certified mail, or by publication.” Id. ¶ 34 “ ‘The laches doctrine may be invoked to preclude the assertion of parental rights.’ ” In re Jamari R., 2017 IL App (1st) 160850, ¶ 53 , 82 N.E.3d 109 (quoting In re Adoption of Miller, 106 Ill.

2021In addition, support for the position that laches may be applied, even if the issue is one concerning defective service and allegedly void orders, is also found in Slatin’s Properties, Inc. v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, laches will bar this right even within the statutory period of limitation”); In re Jamari, 2017 IL App (1st) 160850, ¶ 55 (“ ‘Illinois cases recognize that even if service of process is defective

2025See, e.g., Pyle, 12 Ill. 2d at 555 (finding that when the appellant waited 15 years to assert himself against a tax title and the grantee of the tax deed died before the cause could be heard, “important evidence on the issue of possession under the tax deed was lost,” which pointed to “the inequity of granting relief”); James v. Frantz, 21 Ill. 2d 377, 382 (1961) (finding that the combination of appellant’s delay in bringing suit and the death of critical witnesses barred the action based on the doctrine of laches, reasoning that “[i]f the present attack were permitted,” it would “seriously pr

2020Further, despite arguments that a claim attacking a void judgment may be brought at any time, Illinois courts have applied the doctrine of laches to bar such claims without language limiting its application to “special concerns.” See, e.g., James, 21 Ill. 2d 377, 383 (1961); Rodriguez, 57 Ill. App. 3d 355, 361 (1978); Miller, 106 Ill. App. 3d at 1030 . ¶ 27 The doctrine of laches is founded on the maxim that equity aids the vigilant and not those who slumber on their rights.

2021Madigan v. Yballe, 397 Ill.

2014Department of Healthcare & Family Services v. Yballe, 397 Ill.

2003The doctrine of laches is applied “when a party’s failure to timely assert a right has caused prejudice to the adverse party.” Van Milligan v. Board of Fire & Police Commissioners, 158 Ill. 2d 85, 89 , 630 N.E.2d 830, 833 (1994).

2003The doctrine of laches is applied "when a party's failure to timely assert a right has caused prejudice to the adverse party." Van Milligan v. Board of Fire & Police Commissioners of the Village of Glenview, 158 Ill.2d 85, 89 , 196 Ill.Dec. 665 , 630 N.E.2d 830 , 833 (1994).

2014The Bill court disagreed, reasoning as follows: “[T]raditionally, statutes of limitation were generally applied to legal actions and the laches doctrine was applied to those actions based in equity, [but] such ‘mechanical’ applications are no longer followed. [Citation.] Courts have applied laches to ‘equity- like’ actions, such as mandamus, to quasi-equitable suits, to actions where equitable considerations are at the heart of a claim actually based in law, as well as to purely legal claims. [Citations.] For instance, in Schultheis [v. City of Chicago, 240 Ill. 167 (1909)], the supreme court

2014The Bill court disagreed, reasoning as follows: “[T]raditionally, statutes of limitation were generally applied to legal actions and the laches doctrine was applied to those actions based in equity, [but] such ‘mechanical’ applications are no longer followed. [Citation.] Courts have applied laches to ‘equity- like’ actions, such as mandamus, to quasi-equitable suits, to actions where equitable considerations are at the heart of a claim actually based in law, as well as to purely legal claims. [Citations.] For instance, in Schultheis [v. City of Chicago, 240 Ill. 167 (1909)], the supreme court

2023It is true that laches may bar Hasan and Royal’s claims, even their claims for mandamus (see Ashley v. Pierson, 339 Ill. App. 3d 733, 739 (2003)), but “[w]hether a party is guilty of laches to a degree that would bar suit due to a delay in asserting a right is a matter within the trial court's discretion” (Bogner v. Villiger, 343 Ill. App. 3d 264, 268 (2003) (citing City of Rockford v. Suski, 307 Ill. App. 3d 233 (1999))).

2020Laches ¶ 20 “The doctrine of laches is applied ‘when a party’s failure to timely assert a right has caused prejudice to the adverse party.’ ” Ashley v. Pierson, 339 Ill.

2020See, e.g., Slatin’s Properties v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, [l]aches will bar this right even within the statutory period of limitation”); In re Jamari R., 2017 IL App (1st) 160850, ¶ 55 (“ ‘Illinois cases recognize that even if service of process is defective[,] an attack on a decree may be barred by laches. [Citation.] It is basic to the laches doctrine that a complainant may be barred when, after ascertaining

2020See, e.g., Slatens Property v. Hassler, 53 Ill. 2d 325, 329-30 (1973) (noting that the defense of laches is “dependent upon the facts of each case” and “[w]hen the facts indicate that it would be inequitable to allow a party to assert title, [l]aches will bar this right even within the statutory period of limitation.”); In Re Jamari, 2017 Ill. App. (1st) 160850, ¶ 55 (quoting Rodriguez, 57 Ill. App. 3d at 361-62 ) (“ ‘Illinois cases recognize that even if service of process is defective an attack on a decree may be barred by laches. [Citation.] It is a basic to the laches doctrine that a compl

2025On that issue, plaintiff testified clearly about his intent in filling out the reports. ¶ 99 Moreover, courts are reluctant to apply the doctrine of laches “to public bodies under usual circumstances.” Hickey v. Illinois Central Railroad Co., 35 Ill. 2d 427, 447 (1966).

2024Lozman v. Putnam, 379 Ill. App. 3d 807, 822 (2008). ¶ 51 Courts are reluctant to apply the doctrine of laches “to public bodies under usual circumstances.” Hickey v. Illinois Central Railroad Co., 35 Ill. 2d 427, 447 (1966).

2022Tillman, 2021 IL 126387, ¶ 27 (delay in challenging the constitutional claim resulted in the application of laches); Tully, 143 Ill. 2d at 433-34 , (delay in asserting a constitutional challenge for over a year barred by laches); Tolbert v. Godinez, 2020 IL App (4th) 180587, ¶ 27 (determining that constitutional claims are not precluded from a laches defense); Southside Fair Housing Committee v. City of New York, 928 F.2d 1336, 1356 (2d Cir. 1991) (holding that the doctrine of laches can bar a constitutional claim); Fundamental Church of Jesus Christ of Latter-Day Saints v. Horne, 2012 UT 66,

2022Tillman, 2021 IL 126387, ¶ 27 (delay in challenging the constitutional claim resulted in the application of laches); Tully, 143 Ill. 2d at 433-34 , (delay in asserting a constitutional challenge for over a year barred by laches); Tolbert v. Godinez, 2020 IL App (4th) 180587, ¶ 27 (determining that constitutional claims are not precluded from a laches defense); Southside Fair Housing Committee v. City of New York, 928 F.2d 1336, 1356 (2d Cir. 1991) (holding that the doctrine of laches can bar a constitutional claim); Fundamental Church of Jesus Christ of Latter-Day Saints v. Horne, 2012 UT 66,

2023Cherry Valley Fire Protection District v. City of Rockford, 122 Ill.

2007Cherry Valley Fire Protection District v. City of Rockford, 122 Ill.

2011In reaching our determination, we emphasized that, although there was a long delay in the city asserting its right, “the evidence reveals at most only nonaction on the part of [the city].” Pollack, 335 Ill.

2011Pollack, 335 Ill.