Boytor v. City of Aurora

I respectfully dissent. The majority has determined it may not consider the issues presented by this appeal and must dismiss its finding that plaintiff lost standing to bring the declaratory judgment action by waiting too long, that he is barred by the doctrine of res judicata and that the public interest of the city of Aurora mandates that result. I do not agree with these determinations and believe we should consider the merits of the serious and continuing constitutional issue which is before us.

Plaintiff clearly had standing to bring this action as a voter, taxpayer and candidate for the…