ROSEMONT BLDG. SUP. v. HIGHWAY T. AUTH.

No. 43596.

51 Ill.2d 126 (1972)

281 N.E.2d 338

ROSEMONT BUILDING SUPPLY, INC., et al., v. ILLINOIS HIGHWAY TRUST AUTHORITY et al. — (SCHIPPERS, BETAR, LAMENDELLA & O'BRIEN, Intervening Petitioners-Appellees, v. RICHARD B. OGILVIE, Governor, et al., Appellants.)

Supreme Court of Illinois.

Opinion filed March 30, 1972.


Attorney(s) appearing for the Case

WILLIAM J. SCOTT, Attorney General, of Springfield (PERRY L. FULLER, DOUGLAS M. REIMER, and D. KENDALL GRIFFITH, Special Assistant Attorneys General, of counsel), for appellants.

SAMUEL J. BETAR and JOSEPH A. LAMENDELLA, both of Chicago (SCHIPPERS, BETAR, LAMENDELLA & O'BRIEN, of counsel), pro se.


Judgment reversed.

MR. JUSTICE DAVIS delivered the opinion of the court:

The plaintiffs, Rosemont Building Supply, Inc., and James Cuzzone, filed a complaint in the circuit court of Du Page County seeking a declaratory judgment that the Illinois Highway Trust Authority Act (Ill. Rev. Stat. 1969, ch. 121, par. 101-1 et seq.) was unconstitutional, and seeking to enjoin any expenditures or action thereunder. The suit was filed, as a taxpayers' class action...

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