Walker v. Chasteen

Summary

The court held that the circuit court had jurisdiction to enjoin prospective enforcement of the unconstitutional filing-fee statute, but sovereign immunity barred the plaintiffs’ separate claim seeking monetary refunds for fees already paid. Because the refund claim sought retrospective relief from the State, it belonged in the Court of Claims rather than the circuit court. The court reversed the appellate court and affirmed dismissal of the refund claim.