Legal Opinion · Dissent

Harvey Firemen's Ass'n v. City of Harvey

Illinois Supreme Court

Decided January 26, 1979No. 50291Published

1DissentJustice Clark

I do not believe the Civil Service Commission of the city of Harvey has the statutory authority to require residency of its classified service employees. I therefore dissent, and do so for the reasons stated in the appellate court decision. 54 Ill. App. 3d 21, 23-24.

Like the plaintiffs, I do not dispute the constitutionality of a residency requirement for civil servants. Nor do I dispute the prerogative of Harvey to enact such a requirement. There are sound policy reasons for it. My disagreement with the majority is that there has been an improper delegation of this responsibility to a…

2Cases cited4 opinions

  1. Bio-Medical Laboratories, Inc. v. TrainorIllinois Supreme Court · 1977
  2. People Ex Rel. Hurley v. GraberIllinois Supreme Court · 1950
  3. Boner v. DrazekIllinois Supreme Court · 1973
  4. Harvey Firemens Ass'n, Local 471 v. City of HarveyAppellate Court of Illinois · 1977

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