Agricultural Law

Defendant company filed "Notice of Intent to Construct" with Illinois Department of Agriculture, proposing construction of hog farm with 3,384 animal units. Department determined that proposed hog farm "more likely than not" met requirements of Livestock Management Facilities Act. Plaintiff filed petition for certiorari. Court properly granted Defendants' motion to dismiss, as Plaintiff did not have standing to seek review of Department's decision, as Plaintiff was not a party of record in administrative proceedings. Plaintiff, at administrative proceeding, was allowed to present testimony and evidence as to Livestock Act siting criteria, but that proceeding did not touch the legal relations between Defendant company and Plaintiff. Department did not have authority to adjudicate or otherwise make determination as to Plaintiff's legal rights or property interests. For a party to have standing to petition for review of administrative decision, Department must have some statutory authority to take action which would directly affect asserted interest. Some of Plaintiff's members living within the "populated area" setback is not sufficient basis for standing, as setback is applicable only when there is actually a populated area.(HARRIS, concurring; POPE, specially concurring.)