Modrytzkji v. The City of Chicago

City Commission on Animal Care and Control declared that two St. Bernard dogs owned by Plaintiff were "dangerous animals" per Chicago Municipal Code. As Plaintiff's request for hearing was untimely, Chicago Department of Administrative Hearings did not have authority to conduct hearing on the "dangerous animal" status and related orders. Thus, Department's decision is void and Commission's Executive Director's determinations, which were mailed to Plaintiff, stand. Because Department's judgment was void, circuit court did not have authority to consider merits of Plaintiff's appeal. Thus, circuit court's order is vacated.(HOWSE and ELLIS, concurring.)