Potek v. City of Chicago

Plaintiffs received administrative notice of ordinance violations from the City of Chicago for using their phones while driving. The violation notices were adjudicated administratively by the City’s Department of Administrative Hearings (DOAH) and had findings of liability entered against them. Plaintiffs then filed suit alleging that the DOAH lacked subject-matter jurisdiction to adjudicate the ordinance violations and, as a result, that the findings of liability were void. The circuit court found that the plaintiffs lacked standing to challenge the City’s use of the DOAH and granted the City’s motion for summary judgment. Plaintiffs appealed. The appellate court affirmed in part and reversed in part, finding that plaintiffs had standing to raise their claims and that the violations occurred prior to a 2014 amendment to section 12-610.2 of the Vehicle Code were properly adjudicated because the City’s traffic code was not similar to any offense in the Vehicle Code at that time. (LAMPKIN and ROCHFORD, concurring)