Spencer v. Community Hospital of Evanston

• Decision Date: 19 June 1975
• Docket Number: No. 61100,61100
• Citation: 30 Ill.App.3d 285,332 N.E.2d 525
• Parties: Warren F. SPENCER, M.D., Plaintiff-Appellant, v. The COMMUNITY HOSPITAL OF EVANSTON, et al., Defendants-Appellees.
• Court: United States Appellate Court of Illinois

Page 525

332 N.E.2d 525

30 Ill.App.3d 285

Warren F. SPENCER, M.D., Plaintiff-Appellant, v. The COMMUNITY HOSPITAL OF EVANSTON, et al., Defendants-Appellees.

No. 61100.

Appellate Court of Illinois, First District, Third Division.

June 19, 1975.

McCoy, Ming & Black, Chicago (Ellis E. Reid, John W. Hatch, Chicago, of counsel), for plaintiff-appellant.

Sidley & Austin, Chicago (Lee B. McTurnan, Robert R. Watson, Chicago, of counsel), for defendants-appellees.

McNAMARA, Justice.

An action seeking injunctive relief and damages was brought in the circuit court of Cook County by plaintiff, Dr. Warren F. Spencer, against defendants, Community Hospital of Evanston (hereinafter the Hospital) and individual members of the Hospital's Board of Directors (hereinafter the Board). The complaint alleged that certain defendants wrongfully conspired to deny plaintiff medical and staff privileges at the Hospital; that the Board unlawfully initiated disciplinary action against the plaintiff without regard to pertinent Hospital by-laws; and that the Board purported to amend the procedures set out in the by-laws for disciplinary hearings so as to abridge plaintiff's right to procedural due process. The complaint further charged that plaintiff had been given an inadequate time to prepare his defense and that a certain Board meeting, scheduled for October 2, 1974, was clearly calculated to deny him procedural due process. Plaintiff moved for injunctive relief to prevent defendants from holding any hearings to review the charges against him. On October 2, 1974, the trial court ordered postponement of the Board proceedings pending a hearing on plaintiff's motion.

On October 18, 1974, an evidentiary hearing on the motion for a preliminary injunction was held. After hearing testimony and argument of counsel, the trial court denied plaintiff's motion for a preliminary injunction and authorized the Board hearing to proceed. The court, however, ordered that the proposed hearings should not commence until November 5, 1974, and directed the Hospital to make certain medical and administrative records available to plaintiff. Plaintiff now appeals from the order denying his motion for a preliminary injunction.

Upon filing notice of his appeal, plaintiff petitioned this court for an order staying the Board hearings pending the outcome of this appeal. We denied that petition.

In addition to their briefs, defendants have filed a memorandum suggesting that the issue raised in this appeal has become moot. Plaintiff has filed his brief and a response to the memorandum. Defendants state and plaintiff concedes that Board hearings commenced on November 11, 1974, and thereafter were conducted over the course of twenty-five sessions. Hearings concluded on February 18, 1975, and plaintiff was served with a notice of decision March 31, 1975. In view of the limited scope of the trial court's order allowing defendants to conduct the hearings and in light of the conclusion of those hearings, defendants urge that the issue on appeal is moot and that the appeal should be dismissed.

A reviewing court will only decide actual controversies in which the interests or rights of the parties to the litigation can be effected. (Shoal Creek Drainage Dist. v. Gulf Interstate Eng. (1971), 130 Ill.App.2d 906, 266 N.E.2d 165.) Where there are changed circumstances which render the issue on appeal moot, the appeal will be dismissed. (Save-At Bldrs. v. Fed. of State, Cnty. & Mun. Emps. (1973), 13 Ill.App.3d 846, 301 N.E.2d 67.) The present appeal is from an order denying a preliminary injunction, and the sole question for review is whether the trial court abused its discretion by allowing the Board hearings to go forward. (Amber Automotive v. Ill. Bell...