St. Clair County v. Kathryn Phillips

This case comes before us on appeal as a matter of right pursuant to Supreme Court Rule 302(a) (134 Ill. 2d R. 302(a)), because the circuit court of St. Clair County has declared a state statute to be unconstitutional. For the reasons that follow, we vacate the judgment of the circuit court.

Pursuant to section 5 — 1121 of the Counties Code (55 ILCS 5/5 — 1121 (West 2000)), plaintiff St. Clair County filed a petition for demolition in the circuit court on December 28, 2001, in which it sought authorization to demolish structures located at 128 Arlington Drive and 132 Arlington Drive in…