...), (a)(3)(A) (West 2012)), which were declared facially unconstitutional in Aguilar after defendant's arrest, defendant argued that the void ab initio doctrine retroactively invalidated...): "[O]ur supreme court in Carrera stated that a facially invalid statute is void ab initio. *** In other words, '[i]t is as though no such law had ever been pass...), and United States v. Charles, 801 F.3d 855 (7th Cir. 2015), the appellate court noted that, "[a]s a result of the Illinois void ab initio doctrine, we are *** in the unique...

...countered that the void ab initio doctrine does not govern this case. Plaintiffs relied on Illinois case law holding that where a legislative change in a statute of repose would otherwise...law. The circuit court acknowledged that the result might be harsh, but nonetheless applied the void ab initio doctrine and dismissed plaintiffs' complaint with prejudice...followed. ANALYSIS The classic formulation of the void ab initio doctrine, and the one followed in Illinois, is found...

..., 907 A.2d 1033 (2006). In that case, our Supreme Court, analyzing the legal application known as the void ab initio doctrine, concluded that a party seeking...noted that Geryville's claims were very broad and that under Glen-Gery, the void ab initio rule should not be applied where the citizenry has relied upon a law for an extensive period of time. Hence, with regard to a...challenged ordinances consisted of defects rendering the challenged ordinances void ab initio; (6) whether the ZHB erred in concluding that the reliance suggested by the factual findings provided a sufficient basis upon whi...

...robbery by amending the armed violence statute. The State disputes that, under the void ab initio doctrine, the legislature could only revive the armed robbery sentencing enhancement by amending..., 553 N.E.2d 281 (1990) (“ ‘[w]hen a statute is held unconstitutional in its entirety, it is void ab initio ’ ” (quoting ...void ab initio doctrine does not mean that a statute held unconstitutional “never existed.” As we recognized in Perlstein, “ ‘[t]he actual existence of a statute,’ ” prior to a...

...considered void ab initio. However, relying on Perlstein v. Wolk, 349 Ill. App. 3d 161 (2004), aff'd, 218 IL. 2d 448 (2006), and the special concurre.... On appeal defendants contend that the trial court erred in refusing to apply the void ab initio doctrine and in finding that amendments to the Act creating new sections 4(e)(8...void ab initio doctrine. Yakubinis concedes that, under the void ab initio doctrine, the Fields decision rendered former sections 4(e)(8) and 12(c) "as if [t...

...with the filing and recordation requirements within the thirty-day appeal period and did not render the reasoning of prior caselaw concerning the void ab initio doctrine inapplicable...appeal, and the questions presented center on the applicability of the void ab initio doctrine, as interpreted in Schadler II, to land use decisions made in violation of statutory procedural..., Appellants claim that it would elevate form over substance to distinguish the two situations for purposes of the void ab initio doctrine. Indeed, Appellants note, this Court, in considering procedural...

...); People v. Wright, 194 Ill. 2d 1, 23-24 (2000) (same)), but on its merits. The void ab initio doctrine only.... C.E., 161 Ill. 2d at 210-11. Accordingly, the void ab initio doctrine does not apply to excuse the waiver occasioned by petitioner's guilty ...they did in Jackson, by asserting that the void ab initio doctrine is inapplicable where a statute is unconstitutional as applied, but not unconstitutional on its face. The majority...

...presumptions of reliance. Secondly, appellants aver that where procedural defects implicate notice and due process, it is never appropriate to decline to apply the void ab initio doctrine; reliance is..., we have never declined to apply the void ab initio doctrine because of reliance, nor have we stated how, when, or if reliance or acquiescence is relevant when challenging an ordinance...decisions. It also emphasizes this Court's application of the void ab initio doctrine is due to the failure to provide notice in...

...County (trial court) denying his land use appeal seeking to have (1) the Eldred Township Zoning Ordinance (Ordinance) declared void ab initio for failure by...ab initio is a legal theory stating that a statute held unconstitutional is void in its entirety and is treated as if it had never existed. For a thorough discussion of the history of the void ab...Cranberry Park and Schadler that an ordinance that fails to comply with the statutorily mandated procedures is void ab initio, rendering any time bar to its challenge void. The Court explained ...

...void ab initio doctrine. Carrera, 203 Ill. 2d at 16. In Carrera...narrower grounds," finding the void ab initio doctrine dictated the result it reached. Id. at 13-14. It noted that a statute that is unconstitutional is void ab ...detailed, our supreme court in Carrera stated that a facially invalid statute is void ab initio. Id. at 14 (majority opinion). In other words, "[i]t is as though no such law had ever been passed." Id...

...faith reliance upon a facially valid legislative enactment. See 1 J. Sutherland, Statutes and Statutory Construction § 2:7 (N. Singer 6th ed.2000). By comparison, under the "void ab initio" doctrine, an...); see Cumberland Capital Corp. v. Patty, 556 S.W.2d 516, 538 (Tenn. 1977). The void ab initio doctrine possibly originated in ...never been passed." Id. at 442, 6 S.Ct. 1121. The void ab initio doctrine is still recognized as valid in other...

..., 986 N.E.2d 75 ). Particularly relevant to this appeal, though, this court has held that the void ab initio doctrine does not apply to an as-appli...involves a judgment issued by a court that lacked personal or subject matter jurisdiction, or when it involves a facially unconstitutional statute that is void ab initio. Because defendant's as...forfeiture and may be raised at any time involves a challenge to a final judgment based on a facially unconstitutional statute that is void ab initio. When a statute is declared facially...

..., the trial court granted the defendants' motion to dismiss. The trial court held that, despite the harsh result, the doctrine of void ab initio applied in this case. The trial court determined that pursuant.... Gersch, 135 Ill. 2d at 402. In so ruling, the Gersch court recognized that a number of courts have struggled with the potentially harsh results of the ..., 135 Ill. 2d at 399-400. The void ab initio doctrine does not take into account that people may have...

...of fact exist that preclude the entry of the summary judgment against them. Plaintiffs allege procedural due process claims based on: (1) Pennsylvania's void ab initio doctrine for zoning.... 1. Void Ab Initio Doctrine Despite the Court's previous holding that Plaintiffs cannot state a claim for conduct that occurred prior to December 14, 20...Plaintiffs took ownership of their property (id. at 20–21), they attempt to resuscitate their pre-December 14, 2005 claims by relying on the doctrine of void ab initio. Plaintiffs' reliance on the ...

...procedural validity challenge. Therefore, we decline to declare the ordinance void ab initio. Act of July 3 1, 1968, P.L. 805, as amended, 53 P....cases, 39 years. Despite procedural defects in the enactment process, this Court upheld the ordinances, refusing to apply the void ab initio doctrine based on the municipality's reliance on, or...the trial court erred in denying their procedural challenge based primarily on Challengers' claim that the void ab initio doctrine applies here. While Challengers assign numerous errors...

...argument, however. First, the void ab initio doctrine applies only to statutes and ordinances that are unconstitutional on their face.... The supreme court recently discussed the void ab initio doctrine in..., 60 S. Ct. 317, 318 (1940). The court adopted an equitable approach to application of the void ab initio doctrine, "tempered by considerations o...