plaintiff, who had already terminated relationship at issue, not entitled to declaratory judgment because his rights were fixed
How later courts described this case
- plaintiff, who had already terminated relationship at issue, not entitled to declaratory judgment because his rights were fixed
- the principle of nonliability for past conduct means a party cannot seek declaratory relief to excuse itself from liability incurred after acting in a way that would affect contractual rights
- the plaintiff, who had already terminated the relationship at issue, was not entitled to declaratory judgment because his rights were fixed
- Illinois judges have no authority to issue advisory opinions
Written by the judges who cited it.
The opinion
MR. JUSTICE DOOLEY, dissenting:
This proceeding has its genesis in our recent gubernatorial campaign. The majority opinion aptly describes the political nature of this case.
That the litigation lost its vitality with the election is obvious from the proceedings before this court. Counsel representing both parties have waxed eloquent in their description of Michael J. Howlett the man, and Michael J. Howlett the long-time servant of the public with an admirable record for integrity and capability as a public official.
It would seem rigor mortis overtook what issues there were in this case on election day, November 2, 1976. This cause ought to be interred.
I would dismiss the proceedings as moot.