Illinois Compiled Statutes
735 ILCS 5/18-102 (2026)
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(735 ILCS 5/18-102)
(from Ch. 110, par. 18-102)
Sec. 18-102.
Parties.
The proceeding shall be brought in the name of the People of
the State of Illinois by the Attorney General or State's Attorney of the
proper county, either of his or her own accord or at the instance of any
individual relator; or by any citizen having an interest in the question
on his or her own relation, when he or she has requested the Attorney General and
State's Attorney to bring the same, and the Attorney General and State's
Attorney have refused or failed to do so, and when, after notice to the
Attorney General and State's Attorney, and to the adverse party, of the
intended application, leave has been granted by the circuit court.
(Source: P.A. 82-280.)
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1999–2026 · leading case: Goral v. Dart, 2020 IL 125085 (Ill. 2020).
Goral v. Dart, 2020 IL 125085 (Ill. 2020). “According to defendants and the amici, the legislature has provided that quo warranto actions should be brought by either the attorney general or the state’s attorney as the sole means of protecting the collective rights of the citizenry of the State of Illinois.”
People Ex Rel. Graf v. Vill. of Lake Bluff, 795 N.E.2d 281 (Ill. 2003). “735 ILCS 5/18-102 (West 2000). The decision to grant or deny a petition for leave to file a quo warranto action is a matter within the trial court's sound discretion.”
People Ex Rel. Ballard v. Niekamp, 961 N.E.2d 288 (Ill. App. Ct. 2011). “Section 18-102 of the Code of Civil Procedure (Procedure Code) (735 ILCS 5/18-102 (West 2008)) states: "The proceeding shall be brought in the name of the People of the State of Illinois by the Attorney General or State's Attorney of the proper county, either of his or her own…”
People el rel. Wofford v. Brown, 2017 IL App (1st) 161118 (Ill. App. Ct. 2017). “) 735 ILCS 5/18-102 (West 2014). ¶ 13 Thus, where a case involves matters of purely public interest, only the AG or the SA “as representatives of the people, have standing to institute quo warranto proceedings.”
People el rel. Wofford v. Brown, 2017 IL App (1st) 161118 (Ill. App. Ct. 2017). “) 735 ILCS 5/18-102 (West 2014). ¶ 13 Thus, where a case involves matters of purely public interest, only the AG or the SA “as representatives of the people, have standing to institute quo warranto proceedings.”
RPIL Solar 10, LLC v. City of Aurora, 2026 IL App (2d) 250229-U (Ill. App. Ct. 2026). “See 735 ILCS 5/18-102 (West 2022). Both offices declined to bring an action.”
People ex rel. Ryan v. Vill. of Hanover Park (Ill. App. Ct. 1999). “) 735 ILCS 5/18-102 (West 1998). Defendants’ best argument distorts the requirements of the above provision.”
People ex rel. Alvarez v. Price (Ill. App. Ct. 2011). “See 735 ILCS 5/18-102 (West 2008). The State also noted that Doe failed to bring the action in the name of the State, as required by Illinois law.”
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