VILLAGE OF MUNDELEIN v. FRANCO

Nos. 2-99-1222, 2-99-1110.

740 N.E.2d 801 (2000)

317 Ill. App.3d 512

251 Ill.Dec. 515

The VILLAGE OF MUNDELEIN, Plaintiff-Appellant, v. Francisco FRANCO, Defendant-Appellee. The Village of Lincolnshire, Plaintiff-Appellant, v. Eugenio Gomez, Defendant-Appellee.

Appellate Court of Illinois, Second District.

December 4, 2000.


Attorney(s) appearing for the Case

Lawrence R. LaLuzerne, of Rosing, Smith, Ericksen, Zeit & Stanczak, Ltd., Waukegan, for appellant.

Douglas R. Roberts, of Law Offices of Douglas Roberts & Associates, P.C., Waukegan, for appellee Francisco Franco.


Justice RAPP delivered the opinion of the court:

These consolidated cases present the issue of whether home rule local governmental units exceed their home rule powers if they enact and enforce an ordinance that allows a law enforcement officer to stop a motor vehicle solely because an occupant of the motor vehicle was perceived to be not wearing a seat belt even though a statute prohibits law enforcement officers from...

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