Englum v. The City of Charleston

Illinois Appellate Court
Civil Court
Municipalities
Citation
Case Number: 
2017 IL App (4th) 160747
Decision Date: 
Tuesday, June 13, 2017
District: 
4th Dist.
Division/County: 
Coles Co.
Holding: 
Reversed.
Justice: 
STEIGMANN

Police officer for city which was non-home-rule municipality was injured while exiting his police car, and was awarded line-of-duty pension benefits due to injury. Court erred by deciding officer's eligibility based on his complaint for declaratory relief instead of allowing City to determine eligibility under its procedural scheme. Section 10-4-1 of Municipal Code granted City authority to enact the Ordinance which established procedural process to fulfill substantive requirements of Safety Benefits Act. (HARRIS and KNECHT, concurring.)