16 Illinois opinions name it 3 courts 1918–2017 0 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.
| Case | Followed | Cited |
|---|---|---|
Braye v. Archer-Daniels-Midland Co.green2 sentences2017The legislative appropriation contingency need not be explicit in order to avoid violating the contracts clause because “ ‘statutes and laws in existence at the time a contract is executed are considered part of the contract,’ and ‘[i]t is presumed that parties contract with knowledge of the existing law.’ ” Id. ¶ 53 (quoting Braye v. Archer-Daniels-Midland Co., 175 Ill. 2d 201, 217 (1997)). 2017The legislative appropriation contingency need not be explicit in order to avoid violating the contracts clause because “ ‘statutes and laws in existence at the time a contract is executed are considered part of the contract,’ and ‘[i]t is presumed that parties contract with knowledge of the existing law.’ ” Id. ¶ 53 (quoting Braye v. Archer-Daniels-Midland Co., 175 Ill. 2d 201, 217 (1997)). | 2 | 2 |
Bardens v. BD. OF TRUSTEES OF JUDGES RETIREMENT SYSTEMgreen2 sentences2015Felt v. Board of Trustees of the Judges Retirement System, 107 Ill. 2d at 167 ; Bardens v. Board of Trustees of the Judges Retirement System, 22 Ill. 2d 56, 61-62 (1961). ¶ 62 This is not surprising. 2015Felt v. Board of Trustees of the Judges Retirement System, 107 Ill. 2d at 167 ; Bardens v. Board of Trustees of the Judges Retirement System, 22 Ill. 2d 56, 61-62 (1961). ¶ 62 This is not surprising. | 2 | 2 |
Hite v. Cincinnati, Indianapolis & Western Railroadgreen2 sentences2009Co., 284 Ill. 297, 299 (1918). 1919That section of the constitution does not, by implication or otherwise, attempt to divest the State of its paramount authority and control of streets and highways.” That doctrine in that case was fully approved by this court in City of Chicago v. O’Connelli supra. We have also said: “All contracts, whether made by the State itself, by municipal corporations or by individuals, are subject to be interfered with or otherwise affected by subsequent statutes enacted in the bona fide exercise of the police power, and do not, by reason of the contracts clause of the Federal constitution, enjoy any im | 1 | 3 |
Allied Structural Steel Co. v. Spannausgreen2 sentences2015While impairment of a contract may survive scrutiny under the contracts clause if reasonable and necessary to serve an important public purpose, “ ‘[t]he severity of the impairment measures the height of the hurdle the state legislation must clear.’ ” Felt v. Board of Trustees of the Judges Retirement System, 107 Ill. 2d at 166 (quoting Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 245 (1978)). 2015Changes in the factors used to compute public pension benefits constitute an impairment which is “obviously substantial.” Id. ¶ 63 Moreover, the United States Supreme Court has held that particular scrutiny of legislative action is warranted when, as here, a state seeks to impair a contract to which it is itself a party and its interest in avoiding the contract or changing its terms is financial. | 1 | 1 |
New Orleans Waterworks Co. v. Louisiana Sugar Refining Co.green2 sentences2009See also New Orleans Waterworks Co. v. Louisiana Sugar Refining Co., 125 U.S. 18, 31 , 8 S.Ct. 741, 748 , 31 L.Ed. 607, 612 (1888) (holding that "a by-law or ordinance of a municipal corporation" is a "law of the state" within the meaning of the contracts clause of the federal Constitution); American Country Insurance Co. v. Wilcoxon, 127 Ill.2d 230, 243 , 130 Ill.Dec. 217 , 537 N.E.2d 284 (1989) (holding that a "municipal statute" that conflicts with a "State statute" is void). 2009Ed. 607, 612 , 8 S. Ct. 741, 748 (1888) (holding that “a by-law or ordinance of a municipal corporation” is a “law of the state” within the meaning of the contracts clause of the federal Constitution); American Country Insurance Co. v. Wilcoxon, 127 Ill. 2d 230, 243 (1989) (holding that a “municipal statute” that conflicts with a “State statute” is void). | 1 | 1 |
American Country Insurance v. Wilcoxongreen2 sentences2009See also New Orleans Waterworks Co. v. Louisiana Sugar Refining Co., 125 U.S. 18, 31 , 8 S.Ct. 741, 748 , 31 L.Ed. 607, 612 (1888) (holding that "a by-law or ordinance of a municipal corporation" is a "law of the state" within the meaning of the contracts clause of the federal Constitution); American Country Insurance Co. v. Wilcoxon, 127 Ill.2d 230, 243 , 130 Ill.Dec. 217 , 537 N.E.2d 284 (1989) (holding that a "municipal statute" that conflicts with a "State statute" is void). 2009Ed. 607, 612 , 8 S. Ct. 741, 748 (1888) (holding that “a by-law or ordinance of a municipal corporation” is a “law of the state” within the meaning of the contracts clause of the federal Constitution); American Country Insurance Co. v. Wilcoxon, 127 Ill. 2d 230, 243 (1989) (holding that a “municipal statute” that conflicts with a “State statute” is void). | 1 | 1 |
Vigil v. Andrusgreen1 sentence1983See Vigil v. Andrus (10th Cir. 1982), 667 F.2d 931 , 937. | 1 | 1 |
United States Trust Co. of NY v. New Jerseygreen1 sentence1978The Court cited the following language from United States Trust Co. v. New Jersey, 431 U.S. 1, 21 (1977): Although the Contract Clause appears literally to proscibe “any” impairment, this Court observed in Blaisdell that “the prohibition is not an absolute one and is not to be read with literal exactness like a mathematical formula.” | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. American Federation of State, County, and Municipal Employees
neutral
2 sentences2016The appellate court concluded, however, that such a contingency must be explicit. 2014 IL App (1st) 130262, ¶ 39 . 2016The appellate court concluded, however, that such a contingency must be explicit. 2014 IL App (1st) 130262, ¶ 39 . | 3 | 2016–2016 |
State of Illinois v. American Federation of State, County & Municipal Employees, Council 31
green
2 sentences2017The legislative appropriation contingency need not be explicit in order to avoid violating the contracts clause because “ ‘statutes and laws in existence at the time a contract is executed are considered part of the contract,’ and ‘[i]t is presumed that parties contract with knowledge of the existing law.’ ” Id. ¶ 53 (quoting Braye v. Archer-Daniels-Midland Co., 175 Ill. 2d 201, 217 (1997)). 2017The legislative appropriation contingency need not be explicit in order to avoid violating the contracts clause because “ ‘statutes and laws in existence at the time a contract is executed are considered part of the contract,’ and ‘[i]t is presumed that parties contract with knowledge of the existing law.’ ” Id. ¶ 53 (quoting Braye v. Archer-Daniels-Midland Co., 175 Ill. 2d 201, 217 (1997)). | 2 | 2017–2017 |
Felt v. Board of Trustees
green
2 sentences2015While impairment of a contract may survive scrutiny under the contracts clause if reasonable and necessary to serve an important public purpose, “ ‘[t]he severity of the impairment measures the height of the hurdle the state legislation must clear.’ ” Felt v. Board of Trustees of the Judges Retirement System, 107 Ill. 2d at 166 (quoting Allied Structural Steel Co. v. Spannaus, 438 - 25 - U.S. 234, 245 (1978)). 2015While impairment of a contract may survive scrutiny under the contracts clause if reasonable and necessary to serve an important public purpose, “ ‘[t]he severity of the impairment measures the height of the hurdle the state legislation must clear.’ ” Felt v. Board of Trustees of the Judges Retirement System, 107 Ill. 2d at 166 (quoting Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 245 (1978)). | 2 | 2015–2015 |
Kanerva v. Weems
green
2 sentences2015To confer such authority on the legislature through judicial fiat would require that we ignore the plain language of the constitution and rewrite it to include “restrictions and limitations that the drafters did not express and the citizens of Illinois did not approve.” Kanerva v. Weems, 2014 IL 115811, ¶ 41 . 2015To confer such authority on the legislature through judicial fiat would require that we ignore the plain language of the constitution and rewrite it to include “restrictions and limitations that the drafters did not express and the citizens of Illinois did not approve.” Kanerva v. Weems, 2014 IL 115811, ¶ 41 . | 2 | 2015–2015 |
Manigault v. Springs
green
2 sentences1919That section of the constitution does not, by implication or otherwise, attempt to divest the State of its paramount authority and control of streets and highways.” That doctrine in that case was fully approved by this court in City of Chicago v. O’Connelli supra. We have also said: “All contracts, whether made by the State itself, by municipal corporations or by individuals, are subject to be interfered with or otherwise affected by subsequent statutes enacted in the bona fide exercise of the police power, and do not, by reason of the contracts clause of the Federal constitution, enjoy any im 1918(City of Chicago v. O’Connell, 278 Ill. 591 .) All contracts, whether made by the State itself, by municipal corporations or by individuals, are subject to be interfered with or otherwise affected by subsequent statutes enacted in the bona fide exercise of the police power, and do not, by reason of the contracts clause of the Federal constitution, enjoy any immunity from such legislation. (12 Corpus Juris, 991; Manigault v. Springs, 199 U. S. 473 ; Union Dry Goods Co. v. Georgia Public Service Corp. 142 Ga. 841 .) The reason for this rule is thus well stated in Manigault v. Springs, supra: "It | 2 | 1918–1919 |
Truck Insurance Exchange v. Liberty Mutual Insurance
green
2 sentences1989In Occidental Fire & Casualty Co. v. International Insurance Co. (7th Cir. 1986), 804 F.2d 983 , however, the Seventh Circuit interpreted trucker policies similar to the contracts at bar and concluded that the insurance policy issued to the lessor, extending excess coverage to any truck it leased, demonstrated that the insurance company anticipated, when it wrote the policy, the possibility its insured would enter into leasing agreements and the insureds’ lease did not alter the insurer’s contractual obligations “by collateral agreement.” (Occidental Fire & Casualty Co. v. International Insura 1989App. 3d 24, 26 , 428 N.E.2d 1183 , the court continued: “ ‘By its endorsements [the insurer] acknowledged that it was providing insurance pursuant to the lease. | 1 | 1989–1989 |
Occidental Fire & Casualty Co. Of North Carolina, a North Carolina Corporation v. International Insurance Co., an Illinois Corporation
green
2 sentences1989In Occidental Fire & Casualty Co. v. International Insurance Co. (7th Cir. 1986), 804 F.2d 983 , however, the Seventh Circuit interpreted trucker policies similar to the contracts at bar and concluded that the insurance policy issued to the lessor, extending excess coverage to any truck it leased, demonstrated that the insurance company anticipated, when it wrote the policy, the possibility its insured would enter into leasing agreements and the insureds’ lease did not alter the insurer’s contractual obligations “by collateral agreement.” (Occidental Fire & Casualty Co. v. International Insura 1989In Occidental Fire & Casualty Co. v. International Insurance Co. (7th Cir. 1986), 804 F.2d 983 , however, the Seventh Circuit interpreted trucker policies similar to the contracts at bar and concluded that the insurance policy issued to the lessor, extending excess coverage to any truck it leased, demonstrated that the insurance company anticipated, when it wrote the policy, the possibility its insured would enter into leasing agreements and the insureds’ lease did not alter the insurer’s contractual obligations “by collateral agreement.” (Occidental Fire & Casualty Co. v. International Insura | 1 | 1989–1989 |
People Ex Rel. Lignoul v. City of Chicago
green
2 sentences1983Lignoul v. City of Chicago (1977), 67 Ill. 2d 480, 484 , 368 N.E.2d 100, 103 .) We are persuaded that under the IAEA, as under the Federal APA, a matter comes under the contracts exception only when contracts are clearly and directly involved. 1983Lignoul v. City of Chicago (1977), 67 Ill. 2d 480, 484 , 368 N.E.2d 100, 103 .) We are persuaded that under the IAEA, as under the Federal APA, a matter comes under the contracts exception only when contracts are clearly and directly involved. | 1 | 1983–1983 |
Department of Health & Mental Hygiene v. Lions Manor Nursing Home
green
2 sentences1983The third case relied on by defendant, Department of Health & Mental Hygiene v. Lions Manor Nursing Home (1977), 281 Md. 425 , 378 A.2d 1351 , was decided on the basis of the contracts between the parties, not on the basis of a contracts exception to an administrative procedure act. 1983The third case relied on by defendant, Department of Health & Mental Hygiene v. Lions Manor Nursing Home (1977), 281 Md. 425 , 378 A.2d 1351 , was decided on the basis of the contracts between the parties, not on the basis of a contracts exception to an administrative procedure act. | 1 | 1983–1983 |
Housing Authority of the City of Omaha, Nebraska v. United States Housing Authority, Etc., and National Tenants Organization
green
1 sentence1983Cir. 1978), 590 F.2d 1070 .) Rather, Humana was decided on the basis of the benefits exception to the Federal APA, and the Humana court specifically stated that it did not consider the scope of the contracts exception. ( 590 F.2d 1070 , 1083 n.98.) In Housing Authority v. United States Housing Authority (8th Cir. 1972), 468 F.2d 1 , the relationship between the Federal and local agencies was quite different from the relationship between the State agency and the providers here. | 1 | 1983–1983 |
Rainbow Valley Citrus Corp. v. Federal Crop Insurance Corp.
green
1 sentence1983(See Rainbow Valley Citrus Corp. v. Federal Crop Insurance Corp. (9th Cir. 1974), 506 F.2d 467, 469 .) Thus, we believe that the contracts exception to the IAPA notice and comment procedures represents an attempt to balance the need for public participation with the need for agency efficiency. | 1 | 1983–1983 |
cluster 362874
green
2 sentences1983Cir. 1978), 590 F.2d 1070 , 1082.) It is noteworthy that the contracts exception and other exceptions in the Federal APA ( 5 U.S.C. sec. 553 (a)(2)) have been the subject of substantial criticism, and that many Federal agencies, including HHS, have agreed to follow rulemaking procedures even if the subject matter would fall within the Federal APA’s grants, benefits and contracts exceptions. 1983Cir. 1978), 590 F.2d 1070 .) Rather, Humana was decided on the basis of the benefits exception to the Federal APA, and the Humana court specifically stated that it did not consider the scope of the contracts exception. ( 590 F.2d 1070 , 1083 n.98.) In Housing Authority v. United States Housing Authority (8th Cir. 1972), 468 F.2d 1 , the relationship between the Federal and local agencies was quite different from the relationship between the State agency and the providers here. | 1 | 1983–1983 |
Phelps v. Phelps
red
1 sentence1921Phelps v. Phelps, 72 Ill. 545 ; McGee v. McGee, 91 Ill. 548 . | 1 | 1921–1921 |
McGee v. McGee
green
1 sentence1921Phelps v. Phelps, 72 Ill. 545 ; McGee v. McGee, 91 Ill. 548 . | 1 | 1921–1921 |
Union Dry Goods Co. v. Georgia Public Service Corp.
neutral
1 sentence1918(City of Chicago v. O’Connell, 278 Ill. 591 .) All contracts, whether made by the State itself, by municipal corporations or by individuals, are subject to be interfered with or otherwise affected by subsequent statutes enacted in the bona fide exercise of the police power, and do not, by reason of the contracts clause of the Federal constitution, enjoy any immunity from such legislation. (12 Corpus Juris, 991; Manigault v. Springs, 199 U. S. 473 ; Union Dry Goods Co. v. Georgia Public Service Corp. 142 Ga. 841 .) The reason for this rule is thus well stated in Manigault v. Springs, supra: "It | 1 | 1918–1918 |
City of Chicago v. O'Connell
green
1 sentence1918(City of Chicago v. O’Connell, 278 Ill. 591 .) All contracts, whether made by the State itself, by municipal corporations or by individuals, are subject to be interfered with or otherwise affected by subsequent statutes enacted in the bona fide exercise of the police power, and do not, by reason of the contracts clause of the Federal constitution, enjoy any immunity from such legislation. (12 Corpus Juris, 991; Manigault v. Springs, 199 U. S. 473 ; Union Dry Goods Co. v. Georgia Public Service Corp. 142 Ga. 841 .) The reason for this rule is thus well stated in Manigault v. Springs, supra: "It | 1 | 1918–1918 |
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.
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.