2016 IL App (4th) 150661
Ill. App. Ct.2016Background
- Michael L. Merritt applied for an Illinois concealed-carry license; a law‑enforcement agency objected and the Concealed Carry License Review Board (Board) concluded Merritt posed a danger and recommended denial.
- The Department of State Police notified Merritt of the Board’s adverse determination and his right to seek review.
- Merritt filed a circuit‑court complaint seeking a hearing under 430 ILCS 66/87(a), arguing that subsection authorizes a de novo evidentiary hearing in circuit court after a Board denial.
- Defendants (Department, Director, and Board) moved to dismiss, asserting judicial review is governed by the Administrative Review Law under 430 ILCS 66/87(b).
- The trial court denied the motion to dismiss and certified the legal question under Illinois Supreme Court Rule 308; the appellate court accepted interlocutory review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Board denial is subject to de novo evidentiary hearing in circuit court under §87(a) | §87(a) grants an aggrieved party a right to a circuit‑court evidentiary hearing (de novo) after a Board denial | §87(b) makes all final administrative decisions of the Board subject to the Administrative Review Law; §87(a) only prescribes the route to seek review | The Court held both subsections apply: a petitioner may seek circuit‑court review under §87(a), but review of Board denials is governed by the Administrative Review Law per §87(b) |
Key Cases Cited
- Simmons v. Homatas, 236 Ill. 2d 459 (discussion of de novo review for certified questions) (Illinois Supreme Court)
- McVey v. M.L.K. Enterprises, LLC, 2015 IL 118143 (statutory interpretation: give effect to legislature's intent) (Illinois Supreme Court)
- In re Detention of Lieberman, 201 Ill. 2d 300 (statutory language given plain and ordinary meaning) (Illinois Supreme Court)
- Hartney Fuel Oil Co. v. Hamer, 2013 IL 115130 (read statutes in concert and avoid rendering provisions superfluous) (Illinois Supreme Court)
- In re J.L., 236 Ill. 2d 329 (when statute is unambiguous, apply its text without other aids) (Illinois Supreme Court)