People ex rel. Chicago & N. W. Ry. Co. v. Hulman, No. 38335

CourtSupreme Court of Illinois
Writing for the CourtDAILY
Citation201 N.E.2d 103,31 Ill.2d 166
PartiesThe PEOPLE ex rel. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Petitioner, v. Harry L. HULMAN, Director of Revenue, Respondent.
Docket NumberNo. 38335
Decision Date20 May 1964

Page 103

201 N.E.2d 103
31 Ill.2d 166
The PEOPLE ex rel. CHICAGO AND NORTH WESTERN RAILWAY
COMPANY, Petitioner,
v.
Harry L. HULMAN, Director of Revenue, Respondent.
No. 38335.
Supreme Court of Illinois.
May 20, 1964.
Rehearing Denied Sept. 25, 1964.

[31 Ill.2d 167]

Page 104

Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago (Sherwood K. Platt, Alfred M. Rogers, Jr., and Arthur S. Rollin, Chicago, of counsel), for petitioner.

William G. Clark, Atty. Gen., Springfield (Willard Ice, Special Asst. Atty. Gen., of counsel), for respondent.

DAILY, Justice.

On relation of the Chicago and North Western Railway Company, hereinafter referred to as petitioner, we have granted leave for the filing of an original petition for writ of mandamus to compel respondent, Harry L. Hulman, Director of Revenue of the State of Illinois, to cause petitioner's property, located in the 29 counties in which it operates in this State, to be 'legally and properly' assessed for the year 1963, 'pursuant to authority of the Illinois Revenue Act.' More specifically, petitioner claims that an improper method of determining fair cash value was employed by the Department and that the 1963 fair cash value of its property arrived at is so excessive as to amount to constructive if not actual fraud, and what it seeks is an order to compel the Department to reassess its property. Respondent has filed a motion to dismiss which raises an initial issue of whether remedy by way of mandamus is available in the case.

From the pleadings and exhibits filed it appears that the matter of assessing petitioner's property for the year 1963 was first taken up by the parties on November 7 and 25, 1963. Subsequently, on December 21, 1963, petitioner was [31 Ill.2d 168] informed by an officially published notice, (see: Ill.Rev.Stat.1963, chap. 120, par. 618) that the Department had determined that the fair cash value of petitioner's property in the State was $114,494,000, and that after the application of a statewide equalization factor of 50%, the equalized assessed value of such property was $57,250,000. See: Ill.Rev.Stat.1963, chap. 120, par. 561.

On December 30, 1963, the petitioner pursued two courses of action. First, as provided in section 137 of the Revenue Act (Ill.Rev.Stat.1963, chap. 120, par. 618) it applied to the Department for a review and correction of the assessments. Second, it filed in this court a petition for leave to file a petition for writ of mandamus seeking the...

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38 practice notes
  • Midland Hotel Corp. v. Director of Employment Sec., No. 1-94-2103
    • United States
    • United States Appellate Court of Illinois
    • June 26, 1996
    ...to final decision may be raised through administrative review); People ex rel. Chicago & Northwestern Railroad Company v. Hulman (1964), 31 Ill.2d 166, 169 [201 N.E.2d 103] (mandamus does not lie where administrative review is Thus, where a final agency decision has been rendered and the ci......
  • City of Wood Dale v. Illinois State Labor Relations Bd., No. 4-87-0199
    • United States
    • United States Appellate Court of Illinois
    • March 1, 1988
    ...prohibited, and the Review Law itself is the exclusive means of review. (People ex rel. Chicago & North Western Ry. Co. v. Hulman (1964), 31 Ill.2d 166, 167, 201 N.E.2d 103, 105.) On the other hand, if the statute creating or conferring power on an administrative agency does not contain an ......
  • People ex rel. Petersen v. Turner Co., No. 75--37
    • United States
    • United States Appellate Court of Illinois
    • April 15, 1976
    ...language used in other acts and argues that this distinguishes the case before us from Peo. ex Page 107 rel. Chi. & N.W. Ry. v. Hulman, 31 Ill.2d 166, 201 N.E.2d 103 (1964) and Goldfarb v. White, 54 Ill.App.2d 483, 203 N.E.2d 599 (1964). It also points out the absence of language similar to......
  • Smith v. Department of Public Aid, No. 48510
    • United States
    • Supreme Court of Illinois
    • September 20, 1977
    ...110, par. 265; Johnson v. Ogilvie (1970), 47 Ill.2d 506, 266 N.E.2d 338; People ex rel. Chicago & North Western Ry. Co. v. Hulman (1964), 31 Ill.2d 166, 201 N.E.2d 103.) Review of agency action by prior available methods, then, is only prohibited if the Administrative Review Act is expressl......
  • Request a trial to view additional results
38 cases
  • Midland Hotel Corp. v. Director of Employment Sec., No. 1-94-2103
    • United States
    • United States Appellate Court of Illinois
    • June 26, 1996
    ...to final decision may be raised through administrative review); People ex rel. Chicago & Northwestern Railroad Company v. Hulman (1964), 31 Ill.2d 166, 169 [201 N.E.2d 103] (mandamus does not lie where administrative review is Thus, where a final agency decision has been rendered and the ci......
  • City of Wood Dale v. Illinois State Labor Relations Bd., No. 4-87-0199
    • United States
    • United States Appellate Court of Illinois
    • March 1, 1988
    ...prohibited, and the Review Law itself is the exclusive means of review. (People ex rel. Chicago & North Western Ry. Co. v. Hulman (1964), 31 Ill.2d 166, 167, 201 N.E.2d 103, 105.) On the other hand, if the statute creating or conferring power on an administrative agency does not contain an ......
  • People ex rel. Petersen v. Turner Co., No. 75--37
    • United States
    • United States Appellate Court of Illinois
    • April 15, 1976
    ...language used in other acts and argues that this distinguishes the case before us from Peo. ex Page 107 rel. Chi. & N.W. Ry. v. Hulman, 31 Ill.2d 166, 201 N.E.2d 103 (1964) and Goldfarb v. White, 54 Ill.App.2d 483, 203 N.E.2d 599 (1964). It also points out the absence of language similar to......
  • Smith v. Department of Public Aid, No. 48510
    • United States
    • Supreme Court of Illinois
    • September 20, 1977
    ...110, par. 265; Johnson v. Ogilvie (1970), 47 Ill.2d 506, 266 N.E.2d 338; People ex rel. Chicago & North Western Ry. Co. v. Hulman (1964), 31 Ill.2d 166, 201 N.E.2d 103.) Review of agency action by prior available methods, then, is only prohibited if the Administrative Review Act is expressl......
  • Request a trial to view additional results

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