Gunther v. STATE OF ILLINOIS CIVIL SERVICE COM'N, 1-02-1734.
| Court | United States Appellate Court of Illinois |
| Citation | 280 Ill.Dec. 127,344 Ill. App.3d 912,801 N.E.2d 1072 |
| Docket Number | No. 1-02-1734.,1-02-1734. |
| Parties | Michael GUNTHER, Plaintiff-Appellant, v. STATE OF ILLINOIS CIVIL SERVICE COMMISSION, and its Members, George E. Richards, Chairman, John M. Dorgan, Raymond E. Ewell, Dan P. Fabrizio, Individually, and the Illinois Department of Transportation, Defendants-Appellees. |
| Decision Date | 09 December 2003 |
801 N.E.2d 1072
344 Ill. App.3d 912
280 Ill.Dec. 127
v.
STATE OF ILLINOIS CIVIL SERVICE COMMISSION, and its Members, George E. Richards, Chairman, John M. Dorgan, Raymond E. Ewell, Dan P. Fabrizio, Individually, and the Illinois Department of Transportation, Defendants-Appellees
No. 1-02-1734.
Appellate Court of Illinois, First District, Second Division.
December 9, 2003.
Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, and Erik G. Light, Assistant Attorney General, Chicago, for Appellees.
Presiding Justice WOLFSON delivered the opinion of the court:
Plaintiff Michael Gunther appeals from an order of the trial court dismissing his complaint pursuant to section 2-619(a)(9) of the Illinois Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2002)), for failing to serve summons on defendant Illinois Department of Transportation (IDOT).
IDOT filed a petition to discharge Gunther from his position as a highway maintainer. On September 27, 2001, following a hearing, the administrative law judge (ALJ) issued a written opinion recommending that Gunther's discharge be rescinded and Gunther be restored to his employment. On October 11, 2001, defendant Illinois Civil Service Commission (Commission) declined to adopt the ALJ's recommendation and upheld Gunther's discharge.
On November 15, 2001, Gunther filed a complaint for administrative review in the Circuit Court of Cook County. In the attached summons, he listed the defendants, including IDOT, in the caption. To the right of the caption, he noted, "Please Serve Defendants at: See Attached Service List Below." The "Certificate of Mailing" section at the bottom of the summons form listed the names and addresses of the Illinois Attorney General, the Commission, and the four individual members of the Commission. Neither IDOT nor IDOT's address was listed. Gunther did not file an affidavit designating the addresses of defendants. The clerk served summonses on the parties listed in the certificate of mailing. IDOT was never served with summons.
On December 18, 2001, IDOT filed an appearance and a motion to dismiss Gunther's complaint pursuant to section 2-619(a)(9), contending summons was not issued within the requisite time period. On April 15, 2002, the trial court granted IDOT's motion and dismissed Gunther's complaint with prejudice. The court denied Gunther's motion for reconsideration.
DECISION
Section 3-102 of the Administrative Review Law (the Act) provides a party shall be barred from obtaining judicial review of an administrative decision unless review is sought within the time and in the manner provided. 735 ILCS 5/3-102 (West 2002). Section 3-105 provides that summons must be issued on the administrative agency and on each of the other defendants. 735 ILCS 5/3-105 (West 2002).
Under section 3-103 of the Act, an...
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