Malito v. Marcin

Five separate actions were instituted in the Circuit Court of Cook County challenging the constitutionality of four local option elections held pursuant to the provisions of the Illinois Liquor Control Act (Ill. Rev. Stat. 1969, ch. 43, pars. 166 — 182), wherein voters in their respective precincts voted to prohibit the sale of alcoholic beverages at retail. On defendants’ motions the trial court dismissed the suits, and on plaintiffs’ appeal the cases were consolidated. Plaintiffs contend that the local option provisions of the act are unconstitutional as an unlawful delegation of…