[Download] "Ampersand, Inc. v. Finley" by Supreme Court of Illinois " Book PDF Kindle ePub Free
eBook details
- Title: Ampersand, Inc. v. Finley
- Author : Supreme Court of Illinois
- Release Date : January 26, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is a class action suit for an injunction and declaratory judgment challenging the constitutionality of a Cook County ordinance which directs the clerk of the circuit court of Cook County to collect a county law library fee of $2 to be paid at the time of the filing of the first pleading or other appearance by each party in all civil cases. The ordinance provides that the charge is assessable as costs and that it supersedes An Act in relation to the establishment, maintenance and operation of county law libraries, approved May 5, 1961 (Ill. Rev. Stat. 1973, ch. 81, par. 81). The language of the ordinance is substantially the same as that of the Act which it purports to supersede except the amount of the filing fee is increased by the ordinance from $1 to $2. This court declared the Act to be constitutional in Ali v. Danaher, 47 Ill.2d 231, and neither party now questions its validity. However, Ali v. Danaher is neither controlling nor relevant to the dispositive issue in this case because here the validity of the local governmental ordinance must be based upon the authority of Cook County to enact the same under its home rule powers.