COMMERCIAL NATIONAL BANK OF CHICAGO v. CITY OF CHICAGO

No. 55457.

89 Ill.2d 45 (1982)

432 N.E.2d 227

COMMERCIAL NATIONAL BANK OF CHICAGO et al., Appellants, v. THE CITY OF CHICAGO et al., Appellees.

Supreme Court of Illinois.

Announced November 16, 1981.


Attorney(s) appearing for the Case

Don S. Harnack, Wilber H. Boies, Richard A. Hanson, and John E. Gaggini, of Chicago (McDermott, Will & Emery, and Carleen S. Davis and Gregory Palmer, law students, of counsel), for appellants Commercial National Bank et al.

John F. McCarthy, of McCarthy & Levin, and Richard J. Phelan, of Phelan, Pope & John, Ltd., of Chicago (Robert T. Fasic; Malcolm S. Kamin, of Arvey, Hodes, Costello & Burman; Roseann Oliver, of Phelan, Pope & John, Ltd.; John J. Jiganti, of Harris, Burman, Sinars & Jiganti; and Lawrence S. Wick, of Leydig, Voit, Osann, Mayer & Holt, Ltd., of counsel), for appellants Chicago Bar Association et al.

Henry L. Pitts, Alan S. Ganz, and Marc A. Primack, of Rooks, Pitts, Fullagar & Poust, of Chicago (Howard H. Braverman, of Springfield, of counsel), for appellants Illinois State Bar Association, John J. Cassidy, Jr., and Thomas S. Johnson.

Stanley Garber, Corporation Counsel, of Chicago (Daniel Pascale, Robert R. Retke, Philip L. Bronstein, and Jerome A. Siegan, of counsel), for appellees.

Concannon, Dillon, Snook & Morton, of Chicago (William R. Dillon, John B. Dillon, and Barry C. Kessler, of counsel), for amicus curiae Corporate Fiduciaries Association of Illinois.

Clifford L. Weaver and Susan B. Harmon, of Ross, Hardies, O'Keefe, Babcock & Parsons, of Chicago, for amicus curiae Chicago Association of Commerce and Industry.

Melvin A. Brandt, of Chicago, for amicus curiae Illinois Small Businessmen's Association.


Judgment reversed.

CHIEF JUSTICE RYAN delivered the opinion of the court:

The Chicago service-tax ordinance was adopted on July 20, 1981. (Municipal Code of Chicago § 200.5-1, et seq. (1981).) These consolidated appeals involve several challenges to the constitutionality of the ordinance. Separate suits were originally filed in the circuit court of Cook County by (1) the Commercial National Bank of Chicago and various business entities; (2) the...

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