TDR partner John Fitzgerald was quoted in a Law360 article on his clients’ Illinois Supreme Court victory in Illinois Road and Transportation Builders Association, et al. v. County of Cook. Ruling in favor of a coalition of transportation industry associations, the Illinois Supreme Court held that Cook County and other home rule units of government are subject to the Safe Roads Amendment to the Illinois Constitution. The Safe Roads Amendment, which Illinois voters overwhelmingly approved in the 2016 General Election, prohibits the diversion of transportation tax revenues to purposes other than transportation.
Law360 quoted Fitzgerald’s views on the “take-home lesson” from the Supreme Court’s opinion – namely, that the Safe Roads Amendment “absolutely applies to all units of local government, regardless of whether they have home-rule authority, and compliance with it is essential.”
Law360 also quoted Fitzgerald’s views on the future steps in this litigation: “We’re looking forward to taking discovery, we’re looking forward to learning more about how the county is spending this transportation tax revenue, and we look forward to continuing our efforts to enforce the Safe Roads Amendment.”
The entire article is available at Law360 (subscription may be required).