laches to the actions of public doctrine in Illinois

2023Our supreme court has recognized there is “considerable reluctance to impose the doctrine of laches to the actions of public entities unless unusual or extraordinary circumstances are shown.” Van Milligan v. Board of Fire and Police Com’rs of Village of Glenview, 158 Ill. 2d 85, 90 (1994). ¶ 98 “The decision with respect to whether laches should be invoked is generally a discretionary matter.” Chisem, 2014 IL App (1st) 132389, ¶ 18 (citing Van Milligan, 158 Ill. 2d at 91 ).

2023Our supreme court has recognized there is “considerable reluctance to impose the doctrine of laches to the actions of public entities unless unusual or extraordinary circumstances are shown.” Van Milligan v. Board of Fire and Police Com’rs of Village of Glenview, 158 Ill. 2d 85, 90 (1994). ¶ 98 “The decision with respect to whether laches should be invoked is generally a discretionary matter.” Chisem, 2014 IL App (1st) 132389, ¶ 18 (citing Van Milligan, 158 Ill. 2d at 91 ).

2023Our supreme court has recognized there is “considerable reluctance to impose the doctrine of laches to the actions of public entities unless unusual or extraordinary circumstances are shown.” Van Milligan v. Board of Fire and Police Com’rs of Village of Glenview, 158 Ill. 2d 85, 90 (1994). ¶ 98 “The decision with respect to whether laches should be invoked is generally a discretionary matter.” Chisem, 2014 IL App (1st) 132389, ¶ 18 (citing Van Milligan, 158 Ill. 2d at 91 ).

2023We will not disturb the Board’s determination regarding laches unless it was “so clearly wrong as to constitute an abuse of discretion.” Orsa, 2016 IL App (1st) 121709, ¶ 44 ; Chisem, 2014 IL App (1st) 132389, ¶ 18 . ¶ 99 In denying Burg’s motion to dismiss, the Board found laches inapplicable because Burg did not demonstrate that the Superintendent’s delay in bringing charges caused him the requisite prejudice.

2022We note that “ ‘there is considerable reluctance to impose the doctrine of laches to the actions of public entities.’ ” Cruz, 2019 IL App (1st) 170915, ¶ 54 (quoting Van Milligan, 158 Ill. 2d at 90 ). “[W]hile governmental bodies do not enjoy total immunity from laches, the doctrine is to be applied sparingly against them and only under compelling, unusual[,] or extraordinary circumstances.” (Internal quotation marks omitted.) City of Countryside v. City of Countryside Police Pension Board of Trustees, 2018 IL App (1st) 171029, ¶ 65 (quoting Van Milligan, 158 Ill. 2d at 90 ).

2022We note that “ ‘there is considerable reluctance to impose the doctrine of laches to the actions of public entities.’ ” Cruz, 2019 IL App (1st) 170915, ¶ 54 (quoting Van Milligan, 158 Ill. 2d at 90 ). “[W]hile governmental bodies do not enjoy total immunity from laches, the doctrine is to be applied sparingly against them and only under compelling, unusual[,] or extraordinary circumstances.” (Internal quotation marks omitted.) City of Countryside v. City of Countryside Police Pension Board of Trustees, 2018 IL App (1st) 171029, ¶ 65 (quoting Van Milligan, 158 Ill. 2d at 90 ).

1994Co. (1966), 35 Ill.2d 427, 447 , 220 N.E.2d 415 .) This is so because laches "may impair the functioning of the [governmental body] in the discharge of its government functions, and * * * valuable public interests may be jeopardized or lost by the negligence, mistakes, or inattention of public officials." ( Hickey, 35 Ill.2d at 447-48 , 220 N.E.2d 415 .) Although "the reluctance to apply equitable principles * * * does not amount to absolute immunity * * * from laches and estoppel under all circumstances," it has been recognized that laches does not apply to the exercise of governmental powers

1994Co. (1966), 35 Ill.2d 427, 447 , 220 N.E.2d 415 .) This is so because laches "may impair the functioning of the [governmental body] in the discharge of its government functions, and * * * valuable public interests may be jeopardized or lost by the negligence, mistakes, or inattention of public officials." ( Hickey, 35 Ill.2d at 447-48 , 220 N.E.2d 415 .) Although "the reluctance to apply equitable principles * * * does not amount to absolute immunity * * * from laches and estoppel under all circumstances," it has been recognized that laches does not apply to the exercise of governmental powers

1994Co. (1966), 35 Ill.2d 427, 447 , 220 N.E.2d 415 .) This is so because laches "may impair the functioning of the [governmental body] in the discharge of its government functions, and * * * valuable public interests may be jeopardized or lost by the negligence, mistakes, or inattention of public officials." ( Hickey, 35 Ill.2d at 447-48 , 220 N.E.2d 415 .) Although "the reluctance to apply equitable principles * * * does not amount to absolute immunity * * * from laches and estoppel under all circumstances," it has been recognized that laches does not apply to the exercise of governmental powers

1994Co. (1966), 35 Ill.2d 427, 447 , 220 N.E.2d 415 .) This is so because laches "may impair the functioning of the [governmental body] in the discharge of its government functions, and * * * valuable public interests may be jeopardized or lost by the negligence, mistakes, or inattention of public officials." ( Hickey, 35 Ill.2d at 447-48 , 220 N.E.2d 415 .) Although "the reluctance to apply equitable principles * * * does not amount to absolute immunity * * * from laches and estoppel under all circumstances," it has been recognized that laches does not apply to the exercise of governmental powers