Article 24 of the Illinois Township Code ruled Unconstitutional
Dated: April 14, 2023
By: Prime Law Group
On Monday, April 10, 2023, the Honorable Judge Joel D. Berg issued his 16 page single spaced memorandum opinion and order regarding Nunda Township Road District v. J.B. Prtizker, in official capacity as Governor of the State of Illinois, case 19 MR 861.
The question presented to the court was whether Article 24 of the Illinois Township Code violates the State’s constitutional prohibition against enacting a “special or local law when a general law is or can be made applicable.” ILL. CONST. 1970, art. IV, section 13.
The court concluded that “Article 24 is special law and a local law that can be made applicable statewide as a general law. While there are several legitimage government interests served by Article 24, there is no rational basis for restricting Article 24 to McHenry County. The statute is therefore unconstitutional. As a result, Nunda’s motion for judgment on the pleadings is GRANTED; the Governor’s motion for summary judgment is DENIED.” Order by the Honorable Joel D. Berg of the 22nd Judicial Circuit of McHenry County, Illinois dated April 10, 2023.
History: Article 24 of the Illinois Township Code, entitled Dissolution of Townships in McHenry County was enacted August 9, 2019.
Click here for a copy of Article 24 of the Illinois Township Code.