Plaintiff filed a class-action lawsuit alleging that the City of Chicago had an ongoing practice of improperly issuing central business district metered parking tickets outside the boundaries of the district. The trial court dismissed plaintiff's complaint pursuant to section 2-619 of the Code of Civil Procedure on the basis that the plaintiff had failed to exhaust his administrative remedies. Plaintiff appealed arguing that exceptions to the exhaustion doctrine prevented dismissal of his complaint. The appellate court, with one justice dissenting, agreed and reversed the trial court order finding that plaintiff was not required to exhaust the administrative remedies because it could not have provided him with the injunctive and monetary relief that he was seeking. (HARRIS, concurring, and ODEN JOHNSON, dissenting, with opinion).
Illinois Appellate Court
Civil Court
Administrative Relief