Moran Transortation Corp. v. Stroger

Case Date: 03/05/1999
Court: 1st District Appellate
Docket No: 1-97-2061

Moran Transportation Corp. v. Stroger, No. 1-97-2061

1st District, March 5, 1999

SIXTH DIVISION

MORAN TRANSPORTATION CORPORATION,

Plaintiff-Appellant,

v.

JOHN H. STROGER, JR., PRESIDENT OF THE COOK COUNTY BOARD OF COMMISSIONERS, BARBARA BRUNO, DIRECTOR OF THE COOK COUNTY DEPARTMENT OF REVENUE, AND THE COUNTY OF COOK,

Defendants-Appellees and Cross- Appellants

(Dolphin Cartage Inc., and Donald J. Griffin, Indi., and On Behalf of All Other Persons and Corporations Similarly Situated,

Plaintiffs-Appellants and Cross-Appellees;

The County of Cook, a body politic, John Stroger, Jr. in his capacity as President of the Cook County Board of Commissioners; Edward Rosewell, in his capacity as Cook County Treasurer, David D. Orr, in his capacity as Cook County Clerk and Cook County Board Commissioners and Sandra K. Williams, Jerry Butler, Allan C. Carr, John P. Daley, Danny K. Davis, Barclay Fleming, Carl R. Hansen, Ted Lechowicz, Roberto Maldonado, Joseph Mario Moreno, Maria Pappas, Herbert T. Schumann, Jr., Richard A. Siebel, Peter N. Silvestri, Deborah Sims, Bobbie L. Steele, and Calvin Sutker,

Defendants-Appellees and Cross-Appellants.

Appeal from the Circuit Court of Cook County

Honorable Joanne L. Lanigan, Judge Presiding.

JUSTICE QUINN delivered the opinion of the court:

This appeal involves a challenge to the constitutionality of the Cook County Retail Sale of Gasoline and Diesel Fuel Tax Ordinance (the Ordinance), enacted as an amendment to the Gasoline Tax Ordinance. Cook County Ordinance