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Keating v. City of Chicago

Supreme Court of Illinois

November 20, 2014

ELIZABETH KEATING et al., Appellants,
v.
THE CITY OF CHICAGO, Appellee

SYLLABUS

An appeal was dismissed, with the effect of affirming the decision under review but with no precedential impact, where the supreme court could not muster the four votes which are constitutionally required to reach a decision.

Derek Y. Brandt, Simmons Browder Gianaris Angelides & Barnerd LLC, of Alton; Patrick J. Keating, Roberts McGivney Zagotta LLC, of Chicago; Michael T. Reagan, of Ottawa, and Andrea Bierstein, Hanly Conroy Bierstein Sheridan Fisher & Hayes LLP, of New York,New York, for Appellants.

Stephen R. Patton, Corporation Counsel, of Chicago (Benna Ruth Solomon, Myriam Zreczny Kasper, Kerrie Maloney Laytin, of counsel), for Appellee.

OPINION

PER CURIAM

OPINION

[¶1] In this case, two Justices of this Court have recused themselves and the remaining members of the Court are divided so that it is not possible to secure the constitutionally required concurrence of four judges for a decision (see Ill. Const. 1970, art. VI, § 3). Accordingly, the appeal is dismissed. The effect of this dismissal is the same as an affirmance bye an equally divided court of the decision under review but is of no precedential value. See Perlman v. First National Bank of Chicago, 60 Ill.2d 529, 530, 331 N.E.2d 65 (1975).

[¶2] KARMEIER and BURKE, JJ., took no part.


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