City of Oakbrook Terrace v. Suburban Bank and Trust Co.

Because I disagree with my colleagues that the City’s ordinance infringes on the administration of the judiciary and thus does not pertain to its local government and affairs and because I find merit in the remainder of the City’s home-rule-powers argument and its takings argument, I respectfully dissent.

I. HOME RULE POWERS

A. Local Government and Affairs

I disagree with the majority’s conclusion that elimination of the remedy of just compensation infringes on the judiciary’s domain. “[T]he mere fact that an ordinance defines notice procedures, the duties of the parties, and the remedies…