Plaintiff filed a lawsuit alleging wrongful termination of contract and tortious interference with contract and the defendant, a municipality, terminated a contract for information technology services. The trial court granted defendant’s motion to dismiss on the basis that the contract was void because it contained a 60-month term that exceeded the length of the term of the mayor in office at the time the contract was entered into, in violation of section 8-1-7(b) of the Illinois Municipal Code and plaintiff appealed. The appellate court reversed, finding that the municipality properly exercised its home rule authority when its board of trustees voted to pass the resolution approving the contract and, in doing so, the municipality superseded the Municipal Code and entered into a contract that exceeded the limitations of section 8-1-7(b). (MITCHELL and MIKVA, concurring)
Illinois Appellate Court
Civil Court
Illinois Municipal Code