Plaintiff, superintendent of the Veterans Assistance Commission of Madison County, filed an action against Defendants for writ of mandamus claiming that Defendants had no authority to keep him from entering his office. Court erred in dismissing Plaintiffs claim with prejudice for not including all necessary parties. Even if there were missing parties the court should have granted Plaintiff the opportunity to amend his complaint. Court also erred, because whether Defendant had reason to keep Plaintiff from entering the building was a question of fact not properly raised by Defendant's motion. Plaintiff also request that the Madison County Board issue checks for his salary. Court properly dismissed this count because Defendants affirmatively stated that they have not, and will not, refuse to process a payroll request. (CHAPMAN and STEWART, concurring.)
Illinois Appellate Court
Civil Court
Military Veterans Assistance Act