Potek v. City of Chicago

Illinois Appellate Court
Civil Court
Leave to Amend Complaint
Citation
Case Number: 
2026 IL App (1st) 250158
Decision Date: 
Wednesday, February 18, 2026
District: 
1st Dist.
Division/County: 
3d Div./Cook Co.
Holding: 
Reversed and remanded.
Justice: 
REYES

Plaintiffs received city ordinance violations for driving while using cell phones and filed a lawsuit alleging that the defendant lacked subject-matter jurisdiction to adjudicate the ordinance violations. While the case was pending, the Illinois Supreme Court found that the provision of the Illinois Municipal Code relied on by plaintiffs did not present a jurisdictional bar against certain administrative adjudications. Plaintiffs sought to pursue a different basis for their jurisdictional claims, but the circuit court dismissed the complaint and denied plaintiffs leave to amend their complaint. The appellate court reversed and remanded, finding that the circuit court abused its discretion when it denied leave to amend the complaint. (MARTIN and LAMPKIN, concurring)