The COVID Project
The record
- Jurisdiction
- Illinois (Appellate Court, Third District) · Illinois
- Level
- Court
- Authority
- Ill. S. Ct. R. 304(a), 307(a); 20 ILCS 3305/7
- Issued
- 2021-05-21 May 21, 2021
- Effective
- 2021-05-21 (opinion filed) (read as 2021-05-21)
- End
- n/a (final) (read as 2021-09-30)
- In force
- May 21, 2021 to Sept. 30, 2021
- Quarters
- 2021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Emergency declarationOther
- Addressees
- landlords and property owners (the moratoria); by the concurrence's reasoning, every premises whose occupancy the Governor regulated under section 7(8)
- Character
- adjudication
- Collection
- Standing duties: Illinois DUT-IL
Operative words
Those powers include '[t]o control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.' 20 ILCS 3305/7(8) (West 2018). We find that this broad grant of authority to the Governor reasonably encompasses his ability to impose the moratoria.
Penalty
What it required
The majority held that it lacked jurisdiction to review the dismissal of counts I, II, III and VI (¶ 53) and that the circuit court did not err when it refused a preliminary injunction against the eviction moratoria, affirming 'solely on the basis of the equities' (¶¶ 64, 66); the special concurrence would have decided the merits and would hold that section 7(8) authorized the moratoria and that they did not violate separation of powers (¶¶ 99-102). Character as recorded: adjudication (orders upheld).
Retrieval noteThe quotation is from the special concurrence, which is the only opinion in the case that reaches the scope of section 7(8); the majority's holding is jurisdictional and equitable. Cite accordingly: the decision confirms that the moratoria (IL-012, IL-070, IL-067) remained in force through the second and third quarters of 2021 with judicial sanction, and the concurrence supplies the reading of section 7(8) as a power over 'the occupancy of premises.'.