Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings

Plaintiff LLC filed action for administrative review and declaratory and other relief, after discovering that a judgment had recorded against one of its properties for failure to pay $1,050 in fines and costs imposed by City's department of administrative hearings for violation of City building Code more than 10 years prior. Appellate court properly concluded that Count II of Plaintiff's complaint should not have been dismissed in its entirety, and Plaintiff should instead be permitted to proceed on portions of Count II that sought declaratory relief and elimination of cloud on Plaintiff's title to its property. Plaintiff had never been properly served with notice of proceedings that resulted in administrative judgment against it, and appearance of layperson (now deceased) who was private caretaker for father of an attorney who was one of members of Plaintiff LLC, at 1999 administrative hearing, could not cure that defect. (THOMAS, KILBRIDE, and GARMAN, concurring; FREEMAN, BURKE, and THEIS, dissenting.)