Fireside Chrysler-Plymouth, Mazda, Inc. v. Edgar

Defendant, Jim Edgar, Secretary of State, and intervening defendants, Chicago Automobile Trade Association and the Illinois New Car and Truck Dealers Association, appeal from the judgment of the circuit court of Cook County holding unconstitutional section 5 — 106 of the Illinois Vehicle Code (Ill. Rev. Stat., 1982 Supp., ch. 95½, par. 5 — 106). Section 5 — 106 was added to the Vehicle Code by Public Act 82 — 788, effective January 1, 1983 (1982 Ill. Laws 1258), and in pertinent part provides that:

“No person licensed under Sections 5 — 101 [new vehicle dealers] and 5 — 102 [used vehicle…