County of Bureau v. Thompson

The circuit court of Bureau County has adjudged that section 4 of the Illinois and Mississippi Canal State Park Act (Ill. Rev. Stat. 1987, ch. 105, par. 482d) (the Canal Park Act) violates provisions of the Illinois Constitution (Ill. Const. 1970, art. I, §2; art. IV, §13). Defendants have appealed directly to this court (107 Ill. 2d R. 302(a)) for reversal of the circuit court’s judgment. We conclude that section 4 of the Canal Park Act is valid under the Illinois Constitution, and therefore we reverse.

FACTS

Section 4 of the Canal Park Act imposes upon plaintiffs, certain local governmental…