Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Keating v. City of Chicago, Madigan v. Illinois Commerce Commission, Pusateri v. Peoples Gas Light and Coke Company and Huber v. American Accounting Association and the criminal cases People v. Denson, People v. Holt, In re Detention of New and Cordrey v. Illinois Prison Review Board. The court also released In re Edmonds.
By Alyssa M. Reiter, Williams, Montgomery & John Ltd.
This opinion, while not reaching the merits of the case, reflects an important point of Illinois constitutional law.
The appellants sought review from a Supreme Court Rule 23 Order which affirmed dismissal of the plaintiffs’ complaint challenging the City of Chicago’s red light camera ordinance. On review, the Supreme Court dismissed the appeal:
In this case, two Justices of this Court have recused themselves and the remaining members of the Court are divided so that it is not possible to secure the constitutionally required concurrence of four judges for a decision (see Ill. Const. 1970, art. VI, § 3). Accordingly, the appeal is dismissed.
The Court explained that the effect of this dismissal is the same as an affirmance by an equally divided court of the decision under review but it does not have precedential value.