In re Belmont Fire Protection District

111 Ill. 2d 373, 489 N.E.2d 1385 (1986)

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In re Belmont Fire Protection District

Illinois Supreme Court
111 Ill. 2d 373, 489 N.E.2d 1385 (1986)

  • Written by Tammy Boggs, JD

Facts

The state legislature passed an act to remedy the alleged dangers and disadvantages of multiple fire-protection districts serving one municipality (the act). Under the act, in “any county having a population of more than 600,000 but less than 1,000,000,” fire-protection services within a given municipality could be consolidated into a single fire-protection district. The act’s legislative history showed that the original bill applied to counties with populations of over 100,000 but was amended to limit its application to Du Page County only. As of 1980, Du Page County’s population was 658,858, and it had recently experienced unprecedented suburban growth, causing existing district boundaries to become obsolete. Proponents of the act (plaintiffs) initiated an action against specified fire-protection districts (defendants) to require a consolidation of the districts as authorized by the act. The fire-protection districts argued that the act violated the state constitution. The trial court agreed that the act violated the constitutional prohibition against special legislation, and the proponents of the act appealed.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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