SCADRON v. CITY OF DES PLAINES

No. 72848.

606 N.E.2d 1154 (1992)

153 Ill.2d 164

180 Ill.Dec. 77

Robert SCADRON et al., Appellants, v. The CITY OF DES PLAINES, Appellee.

Supreme Court of Illinois.

November 19, 1992.


Attorney(s) appearing for the Case

Springer, Casey, Dienstag & Devitt, P.C., Chicago (Gary E. Dienstag and Edward M. Springer, of counsel), for appellants.

Mathias W. Delort and Burton S. Odelson, Odelson & Sterk, Ltd., Evergreen Park, for appellee.

Gordon & Glickson, P.C., Chicago (Sanford M. Stein and Sarah K. Nadelhoffer, of counsel), for amicus curiae, National Advertising Co.

Siegel, Moses, Schoenstadt, & Webster, Chicago (Morton Siegel, Michael A. Moses and James L. Webster, of counsel), for amicus curiae, Miller Brewing Co.

Robert J. Weber, Chicago, for amicus curiae, Outdoor Advertising Ass'n of Ill.

Barbara J. Gosselar and Kenneth T. Kubiesa, Kubiesa & Power, Ltd., Westmont, for amicus curiae, Village of Downers Grove.

Beth Anne Janicki, Springfield, for amicus curiae, Illinois Mun. League.

Kelly R. Welsh, Corp. Counsel, of Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Jean Dobrer, of counsel), for amicus curiae, City of Chicago.


Justice THOMAS J. MORAN delivered the opinion of the court:

This court has agreed to answer the following three questions of State law which were certified by the United States Court of Appeals for the Seventh Circuit:

"1. Does the Illinois Highway Advertising Control Act of 1971 (Ill.Rev.Stat. 1987, ch. 121, par. 501 et seq.) (the Act), preempt the authority of home rule municipalities to regulate outdoor advertising signs in areas subject to the...

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