ILCS » Chapter 735 · Act 5

735 ILCS 5/11-301

Who may file action

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(735 ILCS 5/11-301) (from Ch. 110, par. 11-301)
    Sec. 11-301. Who may file action. An action to restrain and enjoin the disbursement of public funds by any officer or officers of the State government may be maintained either by the Attorney General or by any citizen and taxpayer of the State.
(Source: P.A. 82-280.)

    
Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1994–2022 · leading case: Chicago Bar Ass'n v. Illinois State Board of Elections
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Chicago Bar Ass'n v. Illinois State Board of Elections (1994) ill · cites it 5× “(735 ILCS 5/11-301 et seq. (West 1992).) In cause No.”
Tillman v. Pritzker (2021) ill “” 735 ILCS 5/11-301 (West 2018). When such an action is brought by a citizen taxpayer, the taxpayer must first petition the court for leave to file the action.”
Crusius Ex Rel. Taxpayers of the State of Illinois v. Illinois Gaming Bd. (2004) illappct · cites it 3× “" 735 ILCS 5/11-301 (West 2000). See also 735 ILCS 5/11-303 (West 2000) (specifying procedures for commencing citizen's action).”
Wirtz v. Quinn (2011) ill “Plaintiffs' complaint is brought pursuant to section 11-303 of the Code of Civil Procedure ( 735 ILCS 5/11-303 (West 2008)), which permits an "action to restrain and enjoin the disbursement of public funds by any officer or officers of the State government.”
Wirtz v. Quinn (2011) ill “¶ 102 Defendants, in response, initially contend that plaintiffs' claims regarding the foregoing provisions are moot.”
Valstad Ex Rel. Valstad Quarry, Inc. v. Cipriano (2005) illappct “In August 2003, Valstad Quarry and the Illinois Association of Aggregate Producers filed a petition seeking leave to file a complaint under part three of article XI of the Code (commonly referred to as the Disbursement of Public Monies Act) (735 ILCS 5/11-301 through 11-304…”
Reece v. Board of Educ. of City of Chicago (2002) illappct “They sought to enjoin the disbursement of funds to the Chicago Board of Education, pursuant to section 11-301 of the Code of Civil Procedure (735 ILCS 5/11-301 (West 2000)), until it complied with all mandates of the School Code, including the requirement of daily physical…”
Sachen v. Illinois State Board of Elections (2022) illappct “” 735 ILCS 5/11-301 (West 2020). When such an action is brought by a private citizen, he or she must first petition the court for leave to file the action.”
Tillman v. Pritzker (2021) illappct “” 735 ILCS 5/11-301 (West 2018). Section 11-303 of the Code states as follows: “Such action, when prosecuted by a citizen and taxpayer of the State, shall be commenced by petition for leave to file an action to restrain and enjoin the defendant or defendants from disbursing the…”
Tillman v. Pritzker (2020) illappct “” 735 ILCS 5/11-301 (West 2018). Section 11-303 of the Code states as follows: “Such action, when prosecuted by a citizen and taxpayer of the State, shall be commenced by petition for leave to file an action to restrain and enjoin the defendant or defendants from disbursing the…”
City of Carbondale v. Bower (2002) illappct · cites it 3× “The motion for leave to file a petition for a permanent injunction asserted that the matter was being brought under the injunction provision of section 11-301 of the Code of Civil Procedure, entitled "Disbursement of Public Moneys" (735 ILCS 5/11-301 (West 2000)). That same day,…”
Jenner v. The Illinois Department of Commerce and Economic Opportunity (2016) illappct · cites it 2× “(The plaintiff in Crusius likewise sued under the Public Moneys Act (735 ILCS 5/11-301 to 11-304 (West 2000)).”
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