{"id":"DUT-IL-011","kind":"duty","level":"court","jurisdiction":"Illinois (Appellate Court, Third District)","state":"IL","metro":"","industry":"","agency":"","eco":"","issuer":"Illinois Appellate Court, Third District (majority; Presiding Justice McDade specially concurring)","authority":"Ill. S. Ct. R. 304(a), 307(a); 20 ILCS 3305/7","instrument":"JL Properties Group B, LLC v. Pritzker, 2021 IL App (3d) 200305","title":"Affirmance of the circuit court\u0027s refusal of a preliminary injunction against the Governor\u0027s residential eviction moratoria; the special concurrence would hold the moratoria authorized by section 7(8) of the IEMA Act as control of \u0027the movement of persons\u0027 and \u0027the occupancy of premises\u0027","dateIssued":"2021-05-21","effective":"2021-05-21 (opinion filed)","end":"n/a (final)","startDate":"2021-05-21","endDate":"2021-09-30","quarters":["2021Q2","2021Q3"],"types":["OTHER","EMER"],"addressees":["landlords and property owners (the moratoria); by the concurrence\u0027s reasoning, every premises whose occupancy the Governor regulated under section 7(8)"],"clause":"Those powers include \u0027[t]o control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.\u0027 20 ILCS 3305/7(8) (West 2018). We find that this broad grant of authority to the Governor reasonably encompasses his ability to impose the moratoria.","enforcement":"n/a (judicial decision)","functions":[],"notes":"The majority held that it lacked jurisdiction to review the dismissal of counts I, II, III and VI (¶ 53) and that the circuit court did not err when it refused a preliminary injunction against the eviction moratoria, affirming \u0027solely on the basis of the equities\u0027 (¶¶ 64, 66); the special concurrence would have decided the merits and would hold that section 7(8) authorized the moratoria and that they did not violate separation of powers (¶¶ 99-102). Character as recorded: adjudication (orders upheld).","sourceUrl":"https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/336f0fe1-d738-4377-9842-a24d2a4e7d84/JL%20Properties%20Group%20B,%20LLC%20v.%20Pritzker,%202021%20IL%20App%20(3d)%20200305.pdf","snapshot":"","fileExists":true,"fileBytes":410382,"grade":"primary","character":"adjudication","description":"","collection":"DUT-IL","url":"/library/DUT-IL-011","exhibitUrl":"/exhibit/DUT-IL-011","citation":"Illinois Appellate Court, Third District (majority; Presiding Justice McDade specially concurring), JL Properties Group B, LLC v. Pritzker, 2021 IL App (3d) 200305 (May 21, 2021) (Ex. DUT-IL-011)","stateName":"Illinois","related":["IL-012","IL-070","IL-067"]}