This case presents question as to whether trial court properly dismissed plaintiff’s class action claim, alleging that defendant had ongoing illegal practice of issuing more expensive central business district metered parking tickets outside boundaries of central business district. Basis of trial court’s dismissal was belief that plaintiff could not bring instant action prior to exhausting his administrative remedies before defendant’s Department of Administrative Hearings (DOAH). Appellate Court, in reversing trial court, found that plaintiff was not required to exhaust his administrative remedies before DOAH because DOAH could not provide him with core relief he sought in terms of injunctive and monetary relief to prospectively and retroactively redress effects of defendant’s alleged practice of issuing erroneous tickets.
Illinois Supreme Court PLAs
Civil Court
Exhaustion Doctrine