Endsley v. City of Chicago

State: Illinois

Court: 1st District Appellate

Docket No: 1-99-4173 Rel

Case Date: 03/13/2001

SECOND DIVISION
MARCH 13, 2001

No. 1-99-4173

ROY L. ENDSLEY III and
STEPHEN GRAHAM, Indiv. and
on Behalf of Those Similarly
Situated,

Plaintiffs-Appellants,

THE CITY OF CHICAGO and
AMERICAN NATIONAL BANK AND TRUST
COMPANY,

Defendants-Appellees.

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Appeal from the
Circuit Court of
Cook County

99 CH 2012

The Honorable
Thomas P. Durkin,
Judge Presiding.

JUSTICE COUSINS delivered the opinion of the court:

Plaintiffs, Roy L. Endsley III and Stephen Graham, individually and on behalfof those similarly situated, appeal the judgment of the circuit court of CookCounty granting defendants' motion for summary judgment. The plaintiffs areseeking reversal of that judgment and request that the case be returned to thecircuit court for trial. The issues presented for review are: (1) whether thetrial court erred in concluding that the City of Chicago's (the City) practiceof financing nonrelated projects with Skyway Toll Bridge System (Skyway) tollsdid not violate Illinois common law; (2) whether the trial court erred inconcluding the City's practice of financing nonrelated projects with Skywaytolls did not violate article IX, section 2, of the Illinois Constitution (Ill.Const. 1970, art. IX,