Illinois Appellate Court
Civil Court
Municipal Code
Plaintiff, a commercial truck driver, filed a lawsuit against the City of Chicago challenging the Chicago Department of Administrative Hearings’ authority to adjudicate a weight violation. Plaintiff argued that defendant cannot administratively adjudicate weight violation fines over a certain amount. The circuit court granted the defendant’s motion to dismiss and plaintiff appealed. The appellate court affirmed, finding that the Vehicle Code did not contain an express limitation that would preempt the city’s authority to hear weight violations. (MITCHELL and ODEN JOHNSON, concurring)