powers of a home rule (Illinois) · Go Syfert
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powers of a home rule in Illinois

10 Illinois opinions name it 2 courts 1989–2026 2 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 (2)

CaseFollowedCited
Scadron v. City of Des Plainesgreen
ill · 1992 · cited in 3 Illinois opinions naming this issue, 1993–2016
2 sentences

2016Our supreme court has explained that “in the case of a non-home-rule unit, it has only those powers expressly granted by law, powers incidental to those provided by law, and powers which are considered indispensable to the accomplishment of the purposes of the municipal corporation. [Citation.] By contrast, the powers of a home rule municipality *** are derived from article VII, section 6(a), of the Illinois Constitution of 1970 ***.” Scadron v. City of Des Plaines, 153 Ill. 2d 164, 174 (1992).

2015Our supreme court has explained that “in the case of a non-home-rule unit, it has only those powers expressly granted by law, powers incidental to those provided by law, and powers which are considered indispensable to the accomplishment of the purposes of the municipal corporation. [Citation.] By contrast, the powers of a home rule municipality *** are derived from article VII, section 6(a), of the Illinois Constitution of 1970 ***.” Scadron v. City of Des Plaines, 153 Ill. 2d 164, 174 (1992).

23
The Chicago Board of Realtors, Inc. v. The City of Chicago, a Municipal Corporation of the State of Illinois, and the Mayor of the City of Chicagogreen
ca7 · 1987 · cited in 1 Illinois opinions naming this issue, 1989–1989
1 sentence

1989(See Chicago Board of Realtors v. City of Chicago (7th Cir. 1987), 819 F.2d 732, 740 (where the Seventh Circuit also observed that the Real Estate Licensing Act was concerned solely with the licensing of real estate brokers and did not preempt home rule units in the area of landlord-tenant law).) Construing the powers of a home rule unit liberally, as we must, we find that the Village here could regulate and license owners and managers of rental housing, even if those owners and managers were also real estate brokers, and that that power was not preempted by the Real Estate License Act.

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 (6)

CaseCitedYears
City of Chicago v. Village of Elk Grove Village green
illappct · 2004
2 sentences

2005Similarly, in City of Chicago v. Village of Elk Grove, 354 Ill.

2005Similarly, in City of Chicago v. Village of Elk Grove , 354 Ill.

22005–2005
Ampersand, Inc. v. Finley green
ill · 1975
2 sentences

2005Since, as explained by the local government committee, the powers of a home rule unit relate only to its own affairs and not to those of the State, we conclude that the ordinance imposing the filing fee is invalid.” Ampersand, 61 Ill. 2d at 542-43 .

2005Since, as explained by the local government committee, the powers of a home rule unit relate only to its own affairs and not to those of the State, we conclude that the ordinance imposing the filing fee is invalid." Ampersand , 61 Ill. 2d at 542-43 .

22005–2005
Lintzeris v. City of Chicago green
ill · 2023
1 sentence

2026Lintzeris, 2023 IL 127547, ¶ 22 .

12026–2026
Waukegan Gaming, LLC v. City of Waukegan green
illappct · 2023
1 sentence

2023We disagree. -7- 2023 IL App (2d) 220426 ¶ 26 The Act was originally enacted in 1990, “to benefit the people of the State of Illinois by assisting economic development and promoting Illinois tourism.” Ill.

12023–2023
Palm v. 2800 Lake Shore Drive Condominium Assn'n green
ill · 2013
1 sentence

2015Palm v. 2800 Lake Shore Drive Condominium Ass’n, 2013 IL 110505, ¶¶ 31-32 .

12015–2015
Pesticide Public Policy Foundation v. Village of Wauconda green
ill · 1987
1 sentence

1992(Pesticide Public Policy Foundation v. Village of Wauconda (1987), 117 Ill. 2d 107, 112 .) By contrast, the powers of a home rule municipality (i.e., those municipalities with a population greater than 25,000 (Ill.

11992–1992

Statutes the citing opinions construe

IL § 230 ILCS 10/1 (3) IL § 5 ILCS 70/7 (3) IL § 735 ILCS 5/2-615 (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 10 (1989–2026) LA 6 (1987–1996) TX 4 (1974–1995) PA 3 (2007–2025)

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.

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