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CITY OF URBANA v. MALLOW

No. 13073.

43 Ill. App.3d 475 (1976)

356 N.E.2d 1327

THE CITY OF URBANA et al., Plaintiffs, v. BETTY J. MALLOW, Clerk of the Circuit Court, Champaign County, Defendant. — (THE COUNTY OF CHAMPAIGN, Defendant-Counterplaintiff, v. BETTY J. MALLOW, Clerk of the Circuit Court, Champaign County, Counterdefendant; — BETTY J. MALLOW, Clerk of the Circuit Court, Champaign County, Defendant-Counterplaintiff, v. THE CITY OF URBANA et al., Counterdefendants; — THE COUNTY OF CHAMPAIGN, Appellant, v. THE CITY OF URBANA et al., Appellees.)

Appellate Court of Illinois — Fourth District.

Opinion filed November 10, 1976.

Attorney(s) appearing for the Case

James R. Burgess, Jr., State's Attorney, of Urbana (Robert G. Frederick and John R. DeLaMar, Assistant State's Attorneys, of counsel), for appellant.

Jack Waaler and Albert Tuxhorn, City Attorneys, and James W. Evans, Assistant City Attorney, all of Champaign, and Robert E. Turnbow, Village Attorney, of Rantoul, for appellees.

Judgment affirmed.

Mr. JUSTICE STENGEL delivered the opinion of the court:

The county of Champaign appeals from a judgment order declaring that a municipality is entitled to receive the fines and forfeitures collected for violations of State traffic laws committed within its boundaries where the State's Attorney conducts the prosecution if the municipality has not obtained the State's Attorney's permission to prosecute such violations.

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