Prosser v. Village of Fox Lake

The plaintiff, Ronald Prosser, a trustee of the village of Fox Lake, brought an action against the village and several of the trustees and officers of the village for a permanent injunction against the operation of two ordinances that he claimed were passed in violation of section 3 — 11—17 of the Illinois Municipal Code (Ill. Rev. Stat. 1979, ch. 24, par. 3 — 11—17). Section 3 — 11—17 requires “the concurrence of a majority of all members then holding office” on a village’s board of trustees for the passage of an ordinance. The issue for our review is whether the failure of an elected…