Nyhammer v. Basta

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2022 IL App (2d) 200460
Decision Date: 
Wednesday, March 2, 2022
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Reversed, vacated and remanded.
Justice: 
McLAREN

Executive director of the Northwestern Illinois Area Agency on Aging filed suit after the Illinois Department on Aging denied administrative hearings on two petitions filed by NIAAA. The trial court dismissed plaintiff’s mandamus complaint for failure to state a cause of action and the plaintiff appealed. The appellate court reversed the circuit court order and vacated the final decision entered by the Department on Aging. The appellate court found that the petitions presented contested cases and that plaintiff was denied administrative review for the determination of NIAAA’s rights, duties, and responsibilities and that the Department was required to give the NIAAA adjudicatory hearings to determine the merits of its petitions. (BRIDGES and HUTCHINSON, concurring)