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Pike Co., IL businesses lose appeal in suit against Pritzker, IEMA

Pike Co., IL businesses lose appeal in suit against Pritzker, IEMA

4 months, 3 weeks ago by Scott Hardy

15 businesses had sued, claiming they were due compensation due to March 2020 shutdown order

An Illinois appeals court has rejected a suit filed by 15 Pike County business owners, who claimed they should be compensated due to the state-ordered pandemic shutdown in 2020. 

The Illinois 4th Circuit Court of Appeals, in a decision released Tuesday, agreed with an earlier ruling in Pike County against a group of 15 restaurants and taverns. In May 2020, the group filed suit in Pike County Circuit Court asking for a writ of mandamus against Governor JB Pritzker and the Acting Director of the Illinois Emergency Management Agency. They alleged that because of the Governor's executive order shutting down tavern and dine-in restaurant business in March 2020, that the Governor had taken possession of all or part of their personal property. They had also asked the state for compensation. In August of 2020, a Pike County court granted the state's request to dismiss the case, saying the claims were vague. The restaurant and tavern owners then appealed, saying the Pike County court made a mistake in its' ruling.

The Appeals Court noted that the shutdown was legal under the Illinois Emergency Management Act, and that Governor Pritzker did not actually take possession of their property. Read the full opinion below. 

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