Goldstein v. Mitchell

Plaintiffs, Louis Goldstein and Florence Fine, appeal from a trial court order entering summary judgment in favor of all defendants and against all plaintiffs pursuant to plaintiffs’ and defendants’ cross-motions for summary judgment. In their motion plaintiffs challenged the constitutionality of certain voting provisions found in section 4—5 of the Illinois Drainage Code (Code) (Ill. Rev. Stat. 1983, ch. 42, par. 4—5), challenged an election held pursuant to section 4—5 of the Code, and sought damages under 42 U.S.C.A. sec. 1983 (West 1981). On appeal, plaintiffs assert: (1) that section 4—5…