Plaintiffs brought class action against county recorder of deeds and county, challenging constitutionality of a $10 Rental Housing Support Program surcharge collected by the recorder of deeds for the recordation of any real estate-related document in a county. The Circuit Court granted summary judgment in favor of plaintiffs. Recorder and county appealed.
The Supreme Court of Illinois held that:
- One dollar portion of $10 surcharge retained by county did not violate constitutional prohibition on fee offices;
- Surcharge did not violate uniformity clause of state constitution;
- Surcharge did not violate due process clause of state constitution; and
- Rational basis review, rather than strict scrutiny, applied to substantive due process challenge to surcharge.