Farrar v. The City of Rolling Meadows
4 N.E.3d 143
Ill. App. Ct.2014Background
- Farrar challenges a Rolling Meadows automated traffic enforcement adjudication of a red-light turn-right violation.
- An automated system captured Farrar turning right on red in July 2012; notice of violation was mailed to him in Rolling Meadows.
- A notice to appear for a civil hearing was issued August 2, 2012; an administrative hearing was held August 23, 2012.
- The hearing officer denied Farrar's motion to dismiss and found him liable based on the video and the notice.
- Farrar filed administrative-review actions in circuit court; the circuit court affirmed; on appeal, the key issue is whether the hearing unit had jurisdiction without a written sworn complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the code hearing unit had subject matter jurisdiction over automated traffic violations. | Farrar argues lack of a written sworn complaint. | City contends article IV governs and no sworn pleading is required. | Subject matter jurisdiction exists under the statutory regime governing automated traffic violations. |
| Whether a written sworn complaint is required to commence adjudication. | Plaintiff claims a bona fide, verified complaint was needed. | City contends the notice and ordinance authorize adjudication without a sworn complaint. | Not required for automated traffic enforcement adjudications under article IV. |
| Whether Farrar preserved the personal-jurisdiction challenge. | Plaintiff asserts lack of service of a verified complaint gave lack of personal jurisdiction. | Rolling Meadows argues article II requirements do not apply to automated violations. | Waived for administrative-review purposes; not preserved. |
Key Cases Cited
- Siwek v. Retirement Board of the Policeman’s Annuity & Benefit Fund, 324 Ill. App. 3d 820 (2001) (judicial review standards for administrative decisions; deference to agency findings)
- Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., 199 Ill. 2d 325 (2002) (definition of justiciable matters and circuit court jurisdiction)
- Crossroads Ford Truck Sales, Inc. v. Sterling Truck Corp., 2011 IL 111611 (2011) (administrative jurisdiction and statutory power limits)
- Fischetti v. Village of Schaumburg, 2012 IL App (1st) 111008 (2012) (municipal authority to adjudicate red-light violations via automated system)
- Amalgamated Transit Worker’s Union, Local 241 v. Pace Suburban Bus Division, 407 Ill. App. 3d 55 (2011) (statutory grant of authority to municipalities for administrative adjudication of automated violations)