In Lehhy, et al. v City of Carbondale, 2023 IL APP  220542 the Plaintiff alleged that the City’s administrative fees were unconstitutional and that the City was reimbursed twice for the costs through administrative/ordinance fees and the Illinois Criminal and Traffic Assessment Act (Act).

The ordinance at issue addresses the towing and impounding of vehicles involved in a crime and provides two levels of administration fees. The City Code makes Level One a fee of $400 and Level Two a fee of $200. The complaint alleged that the City’s ordinance setting forth administrative fees had no reasonable relationship to the actual costs incurred by the City associated with the seizure, removal, storage, impoundment and release of a motor vehicle that was in addition to the towing, storage, court costs and fines. The plaintiff alleged that the only cost associated with the administrative fee was preparing the arresting officer’s towed vehicle release. 

The trial court issued an order finding the language of the ordinance was unambiguous and the costs the ordinance intended to recoup were the City’s administrative and processing costs associated with the investigation, arrest and detention of an offender or the removal, impoundment, storage and release of the vehicle. The trial court found that the fees were reasonably related to the City’s costs and also were not duplicative of the statutory fines authorized by the Illinois Criminal and Traffic Assessment Act.

Upon appeal, the Appellate Court for the Fifth District affirmed the trial court’s decision finding in favor of the City and its ordinance. The Appellate Court held that the purposes and intent of the Illinois Criminal and Traffic Assessment Act and the ordinance are not the same. The Appellate Court further found the City’s ordinance to be constitutional and not arbitrary or discriminatory.

Make sure to consult your Tressler attorney if you have questions or need guidance with your municipal issues.

For more information about this article, please contact Erik Peck at epeck@tresslerllp.com.