FOREST PRESERVE DIST. OF KANE CTY. v. City of Aurora

Following a bench trial, the circuit court of Kane County held unconstitutional Public Act 86 — 267 and Public Act 86 — 1387, section 2, both of which amended section 6 of the Downstate Forest Preserve District Act (Ill. Rev. Stat. 1991, ch. 96½, par. 6309). A direct appeal was taken to this court by the State pursuant to Supreme Court Rule 302(a) (134 Ill. 2d R. 302(a)).

Effective August 21, 1989, Public Act 86 — 267 amended section 6 of the Downstate Forest Preserve District Act (the Act) by adding the following pertinent language:

“No [forest preserve] district with a population of less than…