Opinion

Thompson v. Board of Commissioners of Oak Brook Park District

  • 132 Ill. App. 2d 178
  • 268 N.E.2d 570
  • 1971 Ill. App. LEXIS 1446
Court
Appellate Court of Illinois
Filed
Mar 26, 1971
Status
Published
Author
Seidenfeld
On the bench
Seidenfeld
Cited by
2 cases
Authority
More cited than 67.2%

The opinion

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Plaintiff brought an action pursuant to the Administrative Review Act (Ill. Rev. Stat. 1969, ch. 110, par. 264 et seq.) seeking to review the adoption of the Park District’s annual budget and appropriation ordinance. The appeal is taken from the judgment order of the trial court which sustained defendant’s motion to dismiss the complaint with prejudice.

Since the Park District Code (Ill. Rev. Stat. 1969, ch. 105) contains no language adopting the provisions of the Administrative Review Act, judicial review under that act is not available to plaintiff. White v. Board of Appeals (1970), 45 Ill.2d 378, 381 ; Ross v. Chicago Land Clearance Com. (1952), 413 Ill. 377, 381 .

Plaintiff has also sought to challenge the constitutionality of the provisions of the Administrative Review Act Hmiting such review to the final decisions of such administrative agencies which, by express reference, adopt the provisions of the Administrative Review Act (Ill. Rev. Stat. 1969, ch. 110, supra, par. 265). This point was not raised or passed upon by the trial court and is therefore not presented to us for review. 1 Koplin v. Saul Lerner Co. (1963), 29 Ill.2d 451,454 ; Shilvock v. Retirement Board (1940), 375 Ill. 68, 72 .

The judgment below is affirmed.

Judgment affirmed.

T. MORAN, P. J., and ABRAHAMSON, J., concur.

We note that this appeal was filed in the Supreme Court and transferred here by an order finding no constitutional question presented and no jurisdiction on direct appeal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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