unconstitutional conditions doctrine (Illinois) · Go Syfert
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unconstitutional conditions doctrine in Illinois

7 Illinois opinions name it 2 courts 1989–2024 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 (4)

CaseFollowedCited
Koontz v. St. Johns River Water Management Dist.green
scotus · 2013 · cited in 2 Illinois opinions naming this issue, 2016–2024
2 sentences

2016Id. at ___, 133 S. Ct. at 2593 . ¶ 39 The Koontz court, relying on the unconstitutional conditions doctrine, found that the defendant's demands were constitutionally impermissible.

2016Id. at ___, 133 S. Ct. at 2593 . ¶ 39 The Koontz court, relying on the unconstitutional conditions doctrine, found that the defendant's demands were constitutionally impermissible.

22
Skinner v. Railway Labor Executives' Assn.green
scotus · 1989 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015See Skinner, 489 U.S. at 620 . ¶ 29 Regardless, however, even if we ignore Skinner, King, and Fink and analyze this case solely under the unconstitutional conditions test, we would still find the statute unconstitutional as applied to plaintiff.

2015See Skinner, 489 U.S. at 620 . ¶ 29 Regardless, however, even if we ignore Skinner, King, and Fink and analyze this case solely under the unconstitutional conditions test, we would still find the statute unconstitutional as applied to plaintiff.

22
McElwain v. Office of the Secretary of Stategreen
ill · 2015 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023McElwain, 2015 IL 117170, ¶ 29 (citing Dolan, 512 U.S. at 386-91 ).

11
NORTHERN ILL. HOME BUILDERS ASSOCIATION v. County of Du Pagegreen
ill · 1995 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023As to the latter, “the need to minimize or reduce traffic congestion is a legitimate State interest.” Northern Illinois Home Builders Ass’n, Inc. v. County of Du Page, 165 Ill. 2d 25, 32 (1995).

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 (4)

CaseCitedYears
Habdab, LLC v. County of Lake green
illappct · 2023
2 sentences

2023However, it asserts, the unconstitutional conditions doctrine prohibits the village from requiring plaintiff to give up its right to be free from unconstitutional takings in exchange for a - 17 - 2023 IL App (2d) 230006 discretionary benefit.

2023(Neither our discussion of the Impact Fee Law nor the unconstitutional conditions doctrine rely on any “agreement” to pay the IGA fees.) As plaintiff acknowledges, if its challenge to the county’s impact fees fails and the fees are upheld, as has occurred here, then 6 Similarly, in its reply brief, plaintiff argues that the second amendment cannot be read to reflect its agreement to the fees but is, rather, an acknowledgement “that, if plaintiff loses this lawsuit, and the County’s fees are deemed constitutional, then the fees would have to be paid, and plaintiff would have to pay them.” - 21

22023–2024
Perry v. Sindermann green
scotus · 1972
2 sentences

1989Even assuming, without deciding, that this agreement did not violate the doctrine of unconstitutional conditions (see, e.g., Perry v. Sindermann (1972), 408 U.S. 593 , 33 L.

1989Even assuming, without deciding, that this agreement did not violate the doctrine of unconstitutional conditions (see, e.g., Perry v. Sindermann (1972), 408 U.S. 593 , 33 L.

21989–1989
Dolan v. City of Tigard green
scotus · 1994
1 sentence

2023McElwain, 2015 IL 117170, ¶ 29 (citing Dolan, 512 U.S. at 386-91 ).

12023–2023
Nollan v. California Coastal Commission green
scotus · 1987
1 sentence

2016The Court relied upon its previous decisions in Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987), and Dolan, each of 16 which " 'involve[d] a special application' of [the unconstitutional conditions] doctrine that protects the Fifth Amendment right to just compensation for property the government takes when owners apply for land-use permits." Koontz, 570 U.S. at ___ , 133 S. Ct. at 2594 (quoting Lingle v. Chevron U.S.A.

12016–2016

Statutes the citing opinions construe

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

MN 51 (2006–2018) CA 26 (1967–2025) ND 15 (2015–2020) PA 10 (2017–2026) KS 9 (2001–2024) WA 8 (2008–2025) IL 7 (1989–2024) NC 6 (2020–2022) WI 5 (2014–2026) FL 4 (1992–2017) MI 4 (2009–2023) NM 4 (2014–2023) OR 4 (2010–2012) CT 3 (2020–2024) MA 2 (1996–2015) VT 2 (2019–2020) MD 2 (1992–2016) IA 2 (2021–2021) LA 2 (2002–2014) VA 2 (2017–2022) NY 2 (2024–2026) DE 2 (2016–2016)

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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