Legal Opinion · Dissent

Triple A Services, Inc. v. Rice

Appellate Court of Illinois

Decided August 19, 1988No. 86—1274Published

1DissentJustice Murray

I respectfully disagree with the majority’s conclusion that the involved City of Chicago ordinance is invalid as applied to the plaintiffs and its reversal of the trial judge’s final order.

The court’s decision as it now stands is contrary to decisions of the Illinois Supreme Court which have held that a municipal corporation has the power to regulate or prohibit the use of its streets for private gain. Olsen v. City of Chicago (1962), 25 Ill. 2d 292, 184 N.E.2d 879; City of Decatur v. Chasteen (1960), 19 Ill. 2d 204, 166 N.E.2d 29.

The cases cited and relied on by the majority, Springfield…

2Cases cited10 opinions

  1. City of Decatur v. ChasteenIllinois Supreme Court · 1960
  2. Brown v. KirkIllinois Supreme Court · 1976
  3. Hayen v. County of OgleIllinois Supreme Court · 1984
  4. People Ex Rel. Coutrakon v. LohrIllinois Supreme Court · 1956
  5. Foster & Kleiser v. City of ChicagoAppellate Court of Illinois · 1986

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