City issued citation to Plaintiff company for violation of city ordinance violation prohibiting the depositing of refuse in a trash container so that it cannot be closed. Plaintiff filed appeal challenging practice of City Department of Administrative Hearings. Claim that City engaged in unauthorized practice of law is not valid, as Plaintiff failed to allege that an actual person acting on behalf of City engaged in unauthorized practice of law.Claim of denial of due process, alleging that ALJ acts as both prosecutor and judge, is not valid. ALJ's conduct, stating that minimum fine would be assessed only upon pleading liable to citation, was constitutionally permissible plea bargaining, not a denial of due process. (HOFFMAN and CONNORS, concurring.)
Illinois Appellate Court
Civil Court
Ordinances