power of home rule (Illinois) · Go Syfert
← Illinois issues

power of home rule in Illinois

31 Illinois opinions name it 2 courts 1976–2026 1 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
City of Chicago v. Romangreen
ill · 1998 · cited in 7 Illinois opinions naming this issue, 1999–2010
2 sentences

2006Our supreme court has instructed that, to limit home rule powers, the legislature must specifically say the “statute constitutes a limitation on the power of home rule units to enact ordinances that are contrary to or inconsistent with the statute.” (Emphasis added.) City of Chicago v. Roman, 184 Ill. 2d 504, 520 (1998); see also City of Champaign v. Sides, 349 Ill.

2006Our supreme court has instructed that, to -21- No. 2--04--0719 limit home rule powers, the legislature must specifically say the "statute constitutes a limitation on the power of home rule units to enact ordinances that are contrary to or inconsistent with the statute." (Emphasis added.) City of Chicago v. Roman, 184 Ill. 2d 504, 520 (1998); see also City of Champaign v. Sides, 349 Ill.

27
Scadron v. City of Des Plainesgreen
ill · 1992 · cited in 4 Illinois opinions naming this issue, 1994–2006
2 sentences

1994However, it is clear that "[t]he legislature is perfectly capable of being specific when it wants to be.” (Scadron, 153 Ill. 2d at 188 .) Since the legislature has not specifically limited the power of home rule municipalities in this field, courts should not interfere with the "constitutional design” of the Act to compensate for alleged legislative inaction or perceived oversight absent a clear showing of " 'oppression, injustice, or interference by-local ordinances with vital state policies.’ ” (Emphasis omitted.) Scadron, 153 Ill. 2d at 190 , quoting 1972 U. Ill.

1994However, it is clear that "[t]he legislature is perfectly capable of being specific when it wants to be.” (Scadron, 153 Ill. 2d at 188 .) Since the legislature has not specifically limited the power of home rule municipalities in this field, courts should not interfere with the "constitutional design” of the Act to compensate for alleged legislative inaction or perceived oversight absent a clear showing of " 'oppression, injustice, or interference by-local ordinances with vital state policies.’ ” (Emphasis omitted.) Scadron, 153 Ill. 2d at 190 , quoting 1972 U. Ill.

24
City of Oakbrook Terrace v. Suburban Bank and Trust Co.green
illappct · 2006 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010As the dissent in Oakbrook Terrace noted, “Our supreme court has instructed that, to limit home rule powers, the legislature must say specifically the ‘statute constitutes a limitation on the power of home rule units to enact ordinances that are contrary to or inconsistent with the statute.’ ” (Emphasis omitted.) Oakbrook Terrace, 364 Ill.

2010As the dissent in Oakbrook Terrace noted, “Our supreme court has instructed that, to limit home rule powers, the legislature must say specifically the ‘statute constitutes a limitation on the power of home rule units to enact ordinances that are contrary to or inconsistent with the statute.’ ” (Emphasis omitted.) Oakbrook Terrace, 364 Ill.

22
City of Champaign v. Sidesgreen
illappct · 2004 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006Our supreme court has instructed that, to limit home rule powers, the legislature must specifically say the “statute constitutes a limitation on the power of home rule units to enact ordinances that are contrary to or inconsistent with the statute.” (Emphasis added.) City of Chicago v. Roman, 184 Ill. 2d 504, 520 (1998); see also City of Champaign v. Sides, 349 Ill.

2006Our supreme court has instructed that, to -21- No. 2--04--0719 limit home rule powers, the legislature must specifically say the "statute constitutes a limitation on the power of home rule units to enact ordinances that are contrary to or inconsistent with the statute." (Emphasis added.) City of Chicago v. Roman, 184 Ill. 2d 504, 520 (1998); see also City of Champaign v. Sides, 349 Ill.

22
Shachter v. The City of Chicagogreen
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See Shachter v. City of Chicago, 2016 IL App (1st) 150442, ¶¶ 42-46 (rejecting argument that the monetary limit on fines set forth in section 1-2-1 preempts the power of home rule municipalities to impose a greater fine).

11
Kalodimos v. Village of Morton Grovegreen
ill · 1984 · cited in 1 Illinois opinions naming this issue, 1992–1992
1 sentence

1992See Kalodimos, 103 Ill. 2d at 503 (the mandate of section 6(i) of the Illinois Constitution of 1970 is “that home rule units may exercise home rule powers concurrently with the State until the General Assembly ‘specifically’ limits such exercise”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (14)

CaseCitedYears
Accel Entertainment Gaming, LLC v. Village of Elmwood Park green
illappct · 2015
2 sentences

2020“In other words, the default position for a home rule unit is to be able to legislate local matters,” and “the legislature’s silence on the power of home rule units is actually evidence of the home rule unit’s power.” Accel Entertainment Gaming, LLC v. Village of Elmwood Park, 2015 IL App (1st) 143822, ¶ 47 . ¶ 32 2.

2020“In other words, the default position for a home rule unit is to be able to legislate local matters,” and “the legislature’s silence on the power of home rule units is actually evidence of the home rule unit’s power.” Accel Entertainment Gaming, LLC v. Village of Elmwood Park, 2015 IL App (1st) 143822, ¶ 47 . ¶ 32 2.

32020–2020
Commercial National Bank of Chicago v. City of Chicago green
ill · 1982
2 sentences

1983The court noted that these were taxes “which the constitutional convention perceived to be within the power of home rule units to impose, and were considered as not being limited by the restrictions of section 6(e) of article VII.” 89 Ill. 2d 45, 63 , 432 N.E.2d 227, 235 .

1983The court noted that these were taxes “which the constitutional convention perceived to be within the power of home rule units to impose, and were considered as not being limited by the restrictions of section 6(e) of article VII.” 89 Ill. 2d 45, 63 , 432 N.E.2d 227, 235 .

31983–2010
Des Plaines Firemen's Association v. City of Des Plaines neutral
illappct · 1994
2 sentences

2016The court determined that the language of section 415 was sufficient to deny the power of home rule units to tax “because the language of section 415 of the Illinois Insurance Code is quite explicit about both the denial and its extent.” Des Plaines, 267 Ill.

2015The court determined that the language of section 415 was sufficient to deny the power of home rule units to tax “because the language of section 415 of the Illinois Insurance Code is quite explicit about both the denial and its extent.” Des Plaines, 267 Ill.

22015–2016
Palm v. 2800 Lake Shore Drive Condominium Assn'n green
ill · 2013
2 sentences

2016It would be absurd to argue otherwise." We again disagree, as this argument ignores the fact that so long as "the legislature does not expressly limit or deny home rule authority, a municipal ordinance and a state statute may operate concurrently." Palm, 2013 IL 110505, ¶ 31 .

2016It would be absurd to argue otherwise." We again disagree, as this argument ignores the fact that so long as "the legislature does not expressly limit or deny home rule authority, a municipal ordinance and a state statute may operate concurrently." Palm, 2013 IL 110505, ¶ 31 .

22016–2016
City of Carbondale v. Van Natta green
ill · 1975
2 sentences

2006The intendment shown is that whatever extraterritorial governmental powers home-rule units may exercise were to be granted by the legislature. [Citations.]" Van Natta, 61 Ill. 2d at 485-86 .

2006The intendment shown is that whatever extraterritorial governmental powers home-rule units may exercise were to be granted by the legislature. [Citations.]” Van Natta, 61 Ill. 2d at 485-86 .

22006–2006
Ampersand, Inc. v. Finley green
ill · 1975
2 sentences

2005Although the General Assembly has a general power to abolish or modify the American Rule as it sees fit, “the 1970 Constitution does not contemplate nor does it authorize the exercise of any control over or permit the imposition of a burden on the judicial system by any local entity.” Ampersand, 61 Ill. 2d at 542 .

2005Although the General Assembly has a general power to abolish or modify the American Rule as it sees fit, "the 1970 Constitution does not contemplate nor does it authorize the exercise of any control over or permit the imposition of a burden on the judicial system by any local entity." Ampersand , 61 Ill. 2d at 542 .

22005–2005
Town of Cicero v. LaFrancis green
illappct · 1996
2 sentences

2000Support for this construction of section 11 — 208.2 is found in Town of Cicero v. LaFrancis, 282 Ill.

2000Support for this construction of section 11-208.2 is found in Town of Cicero v. LaFrancis, 282 Ill.App.3d 556 , 218 Ill.Dec. 1 , 668 N.E.2d 164 (1996).

12000–2000
Village of Bolingbrook v. CITIZENS UTIL. COMPANY OF ILLINOIS green
ill · 1994
1 sentence

1996"It is not for us to usurp a function accorded to the General Assembly by the Constitution.” Village of Bolingbrook, 158 Ill. 2d at 142-43 .

11996–1996
Nowicki v. Evanston Fair Housing Review Board green
ill · 1975
2 sentences

1992Three other cases which should be noted address the scope of a municipality’s powers to regulate access to the State’s court system and the method of review to be used by the State courts: Nowicki v. Evanston Fair Housing Review Board (1975), 62 Ill. 2d 11 , 338 N.E.2d 186 (circuit court has jurisdiction to hear a challenge to a fine imposed by a municipal administrative agency, notwithstanding a municipal ordinance that attempted to govern the jurisdiction and procedure of the circuit court in such a matter); Cummings v. Daley (1974), 58 Ill. 2d 1 , 317 N.E.2d 22 (ordinance was invalid which

1992Three other cases which should be noted address the scope of a municipality’s powers to regulate access to the State’s court system and the method of review to be used by the State courts: Nowicki v. Evanston Fair Housing Review Board (1975), 62 Ill. 2d 11 , 338 N.E.2d 186 (circuit court has jurisdiction to hear a challenge to a fine imposed by a municipal administrative agency, notwithstanding a municipal ordinance that attempted to govern the jurisdiction and procedure of the circuit court in such a matter); Cummings v. Daley (1974), 58 Ill. 2d 1 , 317 N.E.2d 22 (ordinance was invalid which

11992–1992
Cummings v. Daley green
ill · 1974
2 sentences

1992Three other cases which should be noted address the scope of a municipality’s powers to regulate access to the State’s court system and the method of review to be used by the State courts: Nowicki v. Evanston Fair Housing Review Board (1975), 62 Ill. 2d 11 , 338 N.E.2d 186 (circuit court has jurisdiction to hear a challenge to a fine imposed by a municipal administrative agency, notwithstanding a municipal ordinance that attempted to govern the jurisdiction and procedure of the circuit court in such a matter); Cummings v. Daley (1974), 58 Ill. 2d 1 , 317 N.E.2d 22 (ordinance was invalid which

1992Three other cases which should be noted address the scope of a municipality’s powers to regulate access to the State’s court system and the method of review to be used by the State courts: Nowicki v. Evanston Fair Housing Review Board (1975), 62 Ill. 2d 11 , 338 N.E.2d 186 (circuit court has jurisdiction to hear a challenge to a fine imposed by a municipal administrative agency, notwithstanding a municipal ordinance that attempted to govern the jurisdiction and procedure of the circuit court in such a matter); Cummings v. Daley (1974), 58 Ill. 2d 1 , 317 N.E.2d 22 (ordinance was invalid which

11992–1992
Paper Supply Co. v. City of Chicago green
ill · 1974
2 sentences

1992Three other cases which should be noted address the scope of a municipality’s powers to regulate access to the State’s court system and the method of review to be used by the State courts: Nowicki v. Evanston Fair Housing Review Board (1975), 62 Ill. 2d 11 , 338 N.E.2d 186 (circuit court has jurisdiction to hear a challenge to a fine imposed by a municipal administrative agency, notwithstanding a municipal ordinance that attempted to govern the jurisdiction and procedure of the circuit court in such a matter); Cummings v. Daley (1974), 58 Ill. 2d 1 , 317 N.E.2d 22 (ordinance was invalid which

1992Three other cases which should be noted address the scope of a municipality’s powers to regulate access to the State’s court system and the method of review to be used by the State courts: Nowicki v. Evanston Fair Housing Review Board (1975), 62 Ill. 2d 11 , 338 N.E.2d 186 (circuit court has jurisdiction to hear a challenge to a fine imposed by a municipal administrative agency, notwithstanding a municipal ordinance that attempted to govern the jurisdiction and procedure of the circuit court in such a matter); Cummings v. Daley (1974), 58 Ill. 2d 1 , 317 N.E.2d 22 (ordinance was invalid which

11992–1992
Village of Hoffman Estates v. Union Oil Co. of California neutral
illappct · 1977
1 sentence

1985(Village of Hoffman Estates v. Union Oil Co. (1977), 56 Ill.

11985–1985
Oak Park Federal Savings & Loan Ass'n v. Village of Oak Park green
ill · 1973
2 sentences

1977Subsection (L)(2) of section 6 of article VII, which section deals with grants of power and limitations of certain powers to home rule municipalities and counties, provides that “[t]he General Assembly may not deny or limit the power of home rule units * * * to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services.” In Oak Park Federal Savings & Loan Association v. Village of Oak Park, 54 Ill. 2d 200 , 296 N.E.2d 344 (19

1977Subsection (L)(2) of section 6 of article VII, which section deals with grants of power and limitations of certain powers to home rule municipalities and counties, provides that “[t]he General Assembly may not deny or limit the power of home rule units * * * to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services.” In Oak Park Federal Savings & Loan Association v. Village of Oak Park, 54 Ill. 2d 200 , 296 N.E.2d 344 (19

11977–1977
City of Chicago v. Pollution Control Board neutral
ill · 1974
2 sentences

1976I do not have the small confidence that Mr. Justice Underwood appears to have in the survival of our decision in City of Chicago v. Pollution Control Board, 59 Ill.2d 484 , as to the power of home rule units to act concurrently with the State in the environmental regulatory area.

1976I do not have the small confidence that Mr. Justice Underwood appears to have in the survival of our decision in City of Chicago v. Pollution Control Board, 59 Ill.2d 484 , *426 as to the power of home rule units to act concurrently with the State in the environmental regulatory area.

11976–1976

Statutes the citing opinions construe

IL § 5 ILCS 70/7 (8) IL § 735 ILCS 5/2-615 (5) IL § 430 ILCS 65/1 (3) IL § 430 ILCS 65/13.1 (3) IL § 430 ILCS 66/1 (3) IL § 430 ILCS 66/5 (3) IL § 430 ILCS 66/90 (3) IL § 520 ILCS 5/2.1 (3) IL § 65 ILCS 5/1-2-1 (3) IL § 65 ILCS 5/8-11-6a (3) IL § 735 ILCS 30/90-5-20 (3) IL § 735 ILCS 5/2-1005 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 31 (1976–2026) TX 17 (1949–2018) OH 8 (1972–2013) CO 7 (1990–2014) RI 4 (2002–2010) KS 2 (1990–1997) PA 2 (2006–2024) FL 2 (1958–1986) NM 2 (2025–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check