Legal Opinion

Village of Mundelein v. Franco

Appellate Court of Illinois

Decided December 4, 2000No. 2-99-1110, 2-99-1222 consPublishedCited by 20 opinions

1Opinion of the CourtJustice Rapp

These consolidated cases present the issue of whether home rule local governmental units exceed their home rule powers if they enact and enforce an ordinance that allows a law enforcement officer to stop a motor vehicle solely because an occupant of the motor vehicle was perceived to be not wearing a seat belt even though a statute prohibits law enforcement officers from making such a stop. We conclude that home rule units do not exceed their home rule powers if they enact and enforce such an ordinance.

On April 13, 1998, the Village of Lincolnshire (Lincolnshire), a home rule unit, adopted…

2Cases cited7 opinions

  1. First Capitol Mortgage Corp. v. Talandis Construction Corp.Illinois Supreme Court · 1976
  2. People v. PullenIllinois Supreme Court · 2000
  3. People v. WhitneyIllinois Supreme Court · 1999
  4. Scadron v. City of Des PlainesIllinois Supreme Court · 1992
  5. Village of Bolingbrook v. CITIZENS UTIL. COMPANY OF ILLINOISIllinois Supreme Court · 1994

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3Cited by20 opinions

  1. People v. SkillomAppellate Court of Illinois · 2005
  2. Revolution Portfolio, LLC v. BealeAppellate Court of Illinois · 2002
  3. City of Oakbrook Terrace v. Suburban Bank and Trust Co.Appellate Court of Illinois · 2006
  4. In Re Estate of AhmedAppellate Court of Illinois · 2001
  5. Overlin v. Windmere Cove Partners, Inc.Appellate Court of Illinois · 2001

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