UNITED AIRLINES, INC. v. CITY OF CHICAGO

Nos. 64400, 64441 cons.

116 Ill.2d 311 (1987)

507 N.E.2d 858

UNITED AIRLINES, INC., et al., Appellees, v. THE CITY OF CHICAGO et al., Appellants. — MIDWAY AIRLINES, INC., Appellee, v. THE CITY OF CHICAGO et al., Appellants.

Supreme Court of Illinois.

Opinion filed April 16, 1987.


Attorney(s) appearing for the Case

Judson H. Miner, Corporation Counsel, of Chicago (Ruth M. Moscovitch and Julie Elena Brown, of counsel), for appellants.

Stephen C. Neal, William F. Dolan and David M. Elston, of Kirkland & Ellis, of Chicago (Stephen P. Sawyer and John D. Nicholson, of Elk Grove Village, of counsel), for appellees United Airlines, Inc., et al.

William J. Gibbons and Douglas A. Freedman, of Latham & Watkins, of Chicago, for appellee Midway Airlines, Inc.


Judgments reversed; causes remanded.

CHIEF JUSTICE CLARK delivered the opinion of the court:

The two causes consolidated in this appeal challenge the constitutionality of the Chicago vehicle fuel tax and the 1% city use tax as applied to aviation fuel. The Chicago Sales Tax Ordinance, effective since August 1, 1981, imposes a 1% use tax on the retail sales price of tangible personal property purchased at retail within the city of Chicago and on the use within...

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