Goldfarb v. Dept. of Revenue

The States Attorney of Du Page County filed in the circuit court of that county a complaint in quo warrantor against defendant, The Elmhurst — Villa Park — Lombard Water Page 140 Commission, questioning both the validity of the commissions composition and its power to carry out certain provisions of an ordinance it had enacted in September, 1958. After defendants answer and a reply thereto had been filed, the cause was heard on a stipulation of facts and judgment was entered finding the issues in favor of the commission. This direct appeal, involving both the validity of a municipal ordinance and the constitutionality of a statute, has been prosecuted by plaintiff.